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 majority of the City Council regarding any item on this agenda will be made available in the City Clerk ’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www.cityofchino.org
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JANUARY 16, 2024
REGULAR MEETING
AGENDA
CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________
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 City 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 EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1): Harvey Allen II v. Chino Police Department, et al. (San Bernardino County Superior Court Case No. CIVDS2004426)
FLAG SALUTE
CEREMONIALS
Business of the Month. Award of Business of the Month for January 2024 to Sektor Jiu-Jitsu.
Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for January 2024.
1 CHINO CITY COUNCIL
JANUARY 16, 2024 2
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
Legislative Update. Receive and File the Legislative Update.
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 removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.
1. Warrants. Approve expenses as audited and within budget for warrants 768512 to 768834, and Electronic Fund Transfers 518471E to 518612E, totaling $11,556,935.06.
2. Minutes. Regular Meeting Minutes for December 19, 2023 (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.
4. Unclaimed Property held by the City of Chino. Approve receipt of unclaimed monies in the amount of $3,641.44.
5. Purchase Order Approval - Outdoor Creations, Inc. Approve a purchase order in the amount of $150,317.72 to Outdoor Creations, Inc., Anderson, CA for a custom monument sign and park amenities for the Chino Rancho Park Development Project (G8201).
6. Master Contract Amendment - Chino Valley Unified School District. Approve a contract amendment to appropriate an additional $14,009.71 from the unappropriated reserves of the Community Services Fund to the Tobacco Use Prevention Education (TUPE) Master Contract with the Chino Valley Unified School District.
7. California Automated Permit Processing (CalAPP) Program Grant Funds. Accept and approve use of grant funds in the amount of $60,000 eligible for reimbursement under the CalAPP Grant related to SolarAPP+ online permitting platform implementation.
8. CalHOME Program Grant Funding. Acceptance and approval of the use of 2023 CalHome Program Grant Funds/Updated Program Guidelines in the amount of $600,000 awarded by the California Department of Housing and Community Development (HCD). 2 CHINO CITY COUNCIL
JANUARY 16, 2024 3
9. Maintenance Agreement In -N-Out Burgers - Site Approval PL7 -0044. Approve a maintenance agreement with In -N-Out Burgers for the continued operation and maintenance of perimeter streetlights, sidewalk, common area landscaping, and parkway areas on the southwest corner of Kimball Avenue and Quality Way.
10. Notice of Completion - Monte Vista Park Improvement Project - PK183. Accept the Monte Vista Park Improvement Project with Los Angeles Engineering Inc., Covina, CA, Contract No. 2023-156, as complete, authorize the Director of Public Works to file the Notice of Completion, and authorize the release of the retention funds.
11. Lennar Homes Settlement Agreement Second Addendum. Approve Addendum No. 2 to the Settlement Agreement with Lennar Homes for required improvements in the City of Chino.
PUBLIC HEARINGS
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.
12. Eucalyptus Business Park Specific Plan (EBPSP) Amendment (PL23-0057). EBPSP Land Use Matrix Amendment to allow community education for minors as a conditionally permitted use within the Commercial Office (C/O) land use designation.
Staff Report By: Kim Le, Associate Planner
RECOMMENDATION: Conduct a public hearing and approve the Introduction of Ordinance No. 2024-001, adopting PL23 -0057 Eucalyptus Business Park Specific Plan Amendment to allow community education for minors as a conditionally permitted use in the Commercial Office (C/O) land use designation and to establish the required off -street parking requirements, to be read by number and title only and waive further reading of the Ordinance.
ORDINANCE NO. 2024 -001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN
TO ALLOW FOR COMMUNITY EDUCATION FOR MINORS TO BE A CONDITIONALLY
PERMITTED USE WITHIN THE COMMERCIAL OFFICE (C/O) LAND USE DESIGNATION
AND TO ESTABLISH OFF -STREET PARKING REQUIREMENTS FOR COMMUNITY EDUCATION FOR MINORS. PL23 -0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).
13. Second Amendment to the Hillsborough Development Agreement. Conduct a public hearing to approve an amendment to the Development Agreement with Hillsborough Phase III, LLC.
Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: Conduct a public hearing and approve the introduction of Ordinance No. 2024-002, approving a second amendment to the Development Agreement with Hillsborough Phase III, LLC, to be read by number and title only, and waive further reading of the Ordinance.
ORDINANCE NO. 2024 -002 - AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CHINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND
HILLSBOROUGH PHASE III, LLC FOR THE DEVELOPMENT OF A SENIOR HOUSING
PROJECT
3 CHINO CITY COUNCIL
JANUARY 16, 2024 4
14. Site Approval PL17-0082 - Annexation to the Lighting District No. 2002 -1 (Annexation/Zone No. 88). Approve Resolution No. 2024 -001 ordering the annexation of PL17 -0082 into the Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88) located at 14085 Magnolia Avenue.
Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Conduct a public hearing; 2) approve Resolution No. 2024 -001 ordering the annexation of Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88); and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
NEW BUSINESS
15. Review of Citywide Legislative Policy. Review Resolution 2024-002 to approve the City of Chino Legislative Platform and Policy updates.
Staff Report By: Vivian Castro, Deputy City Manager
RECOMMENDATION: Adopt Resolution No. 2024 -002, approving a revised City of Chino Citywide Legislative Platform and Policy.
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
16. Planning Commission Appointments. Approve appointments to the Planning Commission.
Staff Report By: Mayor Eunice M. Ulloa
RECOMMENDATION: Approve the re-appointment of Jimmy Alexandris and Steve Lewis; and appointment of Vincent Lopez to the Planning Commission.
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
4 CHINO CITY COUNCIL
JANUARY 16, 2024 5
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, February 6, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.
I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, January 11, 2024 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 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
Award of Business of the Month for January 2024 to Sektor Jiu-Jitsu. ..end
..body
6 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR
SUBJECT
..titl e
Award of Mayor’s Home Beautification Award for January 2024. ..end
..body
7 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
Legislative Update.
..end
..body
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
8 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: LEGISLATIVE UPDATE.
PAGE: 2
BACKGROUND
New Laws in 2024
The first year of the 2023 -2024 session of the California Legislature concluded on September 14, 2023, with the Governor’s deadline to sign bills on October 14. In 2023, the California legislature passed 1,046 bills, with Governor Newsom signing 890 into l aw. A report on new 2024 State laws of significance to the City of Chino is provided in Attachment 1.
Year Two of 2023-2024 Legislative Session
The Legislature reconvened on January 3, 2024, kicking off the 2024 Legislative session. As the second year of the two-year session begins, the Legislature will focus on passing all two -year bills out of their houses of origin (Assembly Bills out of the Assembly and Senate Bills out of the Senate) by January 31, 2024. The City of Chino tracked 25 bills and submitted position letters to the legislature and Governor on several of these measures, with Joe A. Gonsalves & Son advocating for these bills on the City’s behalf. A report on the status of State legislation tracked in 2023 and still pending in 2024 (two -year bills) that the City will continue to monitor, excluding those chaptered into law, is provided in Attachment 2.
In addition, all new legislative proposals must be submitted to Legislative Counsel for drafting by January 19, 2024. The last day to introduce bills is Friday, February 16, 2024.
Major Issues for 2024
Crime is anticipated to be a priority item for the legislature in 2024, with a new Select Committee on Retail Theft created by Assembly Speaker Robert Rivas. Significant activity is anticipated in 2024 on numerous issues of importance to local government, including housing and homelessness, as well as the State’s estimated $68 billion budget deficit, which is expected to be at the forefront of legislative priorities during the 2024 legislative session.
9 1
New Laws 2024
AB 40 Rodriguez, D HTML PDF
Emergency medical services.
Bill information
Summary: This bill requires the Emergency Medical Services Authority to develop and implement an electronic signature, an audit tool, and other changes related to ambulance patient offload time. It also requires every local EMS agency to develop a standard for offload time, and for every general acute care hospital with an emergency depar tment to develop a protocol for offload time also. The bill also imposes penalties for violations of the act or regulations. Finally, this bill specifies that no local agencies or school districts are required to be reimbursed for costs mandated by the state. (Based on 10/13/2023 text)
Current
Text:
10/13/2023 - Chaptered
AB 50 Wood, D HTML PDF
Public utilities: timely service: customer energization.
Bill information
Summary: This bill would require electricity companies to make sure that they are energizing their customers in a timely manner.
The bill would require companies to prove that they have energized 80% of customers with applications that were deemed completed by January 31, 2023. It would also need companies to update their distribution planning processes so that they will be able to meet the goal of timely electricity service. Finally, the bill would make it a crime if any of the above rules are violated. (Based on 10/07/2023 text)
Current
Text:
10/09/2023 - Chaptered
AB 84 Ward, D HTML PDF
Property tax: welfare exemption: affordable housing.
Bill information
Summary: This bill aims to expand the "welfare exemption" property tax relief available to those property owners who use their property exclusively for rental housing and related facilities and are owned by certain types of non -profit entities.
Specifically, the bill expands this exemption to properties financed with qualified 501(c)(3) bonds and also requires that these properties meet legal restrictions that tier rental rates for lower -income occupants. In addition, the bill includes legislative findings related to the protection of public access to meetings and writings that hold the government accountable. The bill also includes a requirement for the state to reimburse local agencies for certain property tax revenues lost as a result of the bill's tax levy. This bill would take effect immediately. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
10 2
AB 129 Committee on Budget, HTML PDF
Housing.
Bill information
Summary: Coordinated homelessness action plan and to notify HCD within 10 days of approving an amendment Summarize:
Existing state and federal law established programs to provide assistance to people struggling with homelessness. This bill would expand eligibility for state funding, exempt some land from certain requirements, grant a penalty for misuse of land, and changed how funding goes to homeless initiatives. It also requires public stakeholder meetings before a regionally coordinated homeless action plan can be completed and requires participants to report their plans to the Department of Housing and Community Development. (Based on 07/10/2023 text)
Current
Text:
07/10/2023 - Chaptered
AB 361 Ward, D HTML PDF
Vehicles: photographs of bicycle lane parking violations.
Bill information
Summary: This bill would allow local agencies to install automated forward facing parking control devices on city -owned or district-owned parking enforcement vehicles for the purpose of taking photographs of parking violations occurring in bicycle lanes. It would also require the designated employee or law enforcement agency to review the photographs and issue a notice of violation to the registered owner of a vehicle within 15 calendar days. Photographic records would be confidential, and available only to public agencies to enforce parking violations. There would also be a requirement for the local agency to report on the system's effectiveness and impact on traffic outcomes every two years. The bill contains legislative findings that demonstrate the interest prote cted by the limitation and the need for protecting that interest. (Based on 10/08/2023 text)
Current
Text:
10/08/2023 - Chaptered
AB 400 Rubio, Blanca, D HTML PDF
Local agency design-build projects: authorization.
Bill information
Summary: This bill makes changes to the definition of "local agency" related to the use of a special procurement process called "design-build" for public works projects over $1 million. Currently, a specific types of agencies responsible for the construction of transit projects are able to use the design-build process. The bill changes the definition to allow additional joint powers authorities responsible for the construction of transit projects to use the design -build process, and also extends the date by which this authorization expires to 203 1. By doing this, the bill expands the crime of perjury, and requires the state to reimburse local agencies and school districts for certain costs it mandates. (Based on 09/22/2023 text)
Current
Text:
09/22/2023 - Chaptered
AB 480 Ting, D HTML PDF
Surplus land.
Bill information
Summary: ject to the surplus land disposal procedures in effect on December 31 2019 Summarize: This bill would modify the definition of "exempt surplus land", which is land that a local agency does not have to follow the regular disposal procedures for, to better suit certain land disposition and development agreements. It would also require land to be 11 3
put up for an open competitive bid and include certain restrictions, such as affordable housing regulations, and it would impose penalties on local agencies who dispose of their land without following these procedures. The bill also provides exceptions for land located on tribal trust lands and for land that is owned by a public -use airport. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
AB 519 Schiavo, D HTML PDF
Affordable Housing Finance Workgroup: affordable housing: consolidated application and coordinated review process.
Bill information
Summary: Existing law requires the Department of Housing and Community Development to promote the development of affordable housing in the state. It also creates the California Housing Finance Agency and the California Tax Credit Allocation Committee to help finance affordable housing. This bill would require the Department of Housing and Community Development, California Housing Finance Agency, and the California Debt Limit Allocation Committee to jointly form a workgroup to develop recommendations for streamlining the process developers must take to obtain grants, loans, tax credits, and other subsidies for building affordable housing and to create a consolidated application and review process for these developers. The workgroup must report recommendations to certa in committees of the Legislature on or before July 1, 2026 and the reviewing entities must create a plan to update state -administered programs on or before January 1, 2027. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
AB 557 Hart, D HTML PDF
Open meetings: local agencies: teleconferences.
Bill information
Summary: This bill would allow for local government agencies to hold teleconference meetings during declared states of emergency and beyond, without having to comply with the usual requirements. This will allow members of the public to observe and provide comment, as well as address the legislative body during the meeting. The bill would also extend the period for a legislative body to make certain findings to 45 days for continued teleconferencing. The bill would make findings that it is in furtherance of public access to government meeting s and writings. (Based on 10/08/2023 text)
Current
Text:
10/09/2023 - Chaptered
AB 701 Villapudua, D HTML PDF
Controlled substances: fentanyl.
Bill information
Summary: The bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego This bill would make additional changes related to fentanyl. This bill will increase the penalties and fines for violations involving fentanyl and other related substances. It would also require the defendant to know the nature of the drug in order to be fined or imprisoned. Additionally, the bill would provide special provisions for the City of San Diego, and no reimbursement is required for related costs. (Based on 10/08/2023 text)
Current
Text:
10/09/2023 - Chaptered
AB 744 Carrillo, Juan, D HTML PDF
12 4
California Transportation Commission: data, modeling, and analytic software tools procurement.
Bill information
Summary: The California Transportation Commission in the Transportation Agency is responsible for deciding which transportation projects to fund and for how much. This bill wants the Commission to come up with a plan by July 1, 2025 to buy and use special data modeling and analytical software so that state agencies can better track things like congestion, air quality, and affordable housing. This plan should also give access to the data they procure and provide a way to fund these activities. (Based on 10/08/2023 text)
Current
Text:
10/09/2023 - Chaptered
AB 764 Bryan, D HTML PDF
Local redistricting.
Bill information
Summary: This bill would make numerous changes to existing law concerning redistricting.This bill would require counties, county boards of education, cities, school districts, community college districts, and special districts that elect their governing boards using district-based elections to comply with uniform requirements related to redistricting. This would include stipulations about holding public workshops and hearings, maintaining an accessible internet webpage, and adopting a redistricting public education and outreach plan. The bill would also provide that district boun daries must be adopted no later than 204 days before the next regular election in years ending with 2. Lastly, the bill would provide special circumstances for adopting new district boundaries before the following federal decennial census. (Based on 10/07/2023 text)
Current
Text:
10/09/2023 - Chaptered
AB 894 Friedman, D HTML PDF
Parking requirements: shared parking.
Bill information
Summary: This bill would require local governments to review and approve new development plans in accordance with new rules. This includes allowing entities with underutilized parking to share that parking with the public, local agencies, or other entities if they submit a shared parking agreement. The agreement must in clude a parking analysis done by a professional planning association. Additionally, the local agency must notify all property owners within 300 feet of the shared parking spaces and hold a public meeting if requested. Furthermore, the bill requires state a nd other public funds to be used to examine the feasibility of shared parking agreements when used to develop a parking structure or surface parking. Finally, this bill would apply to all cities, including charter cities and would not require reimbursement to local agencies and school districts. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
AB 976 Ting, D HTML PDF
Accessory dwelling units: owner-occupancy requirements.
Bill information
Summary: The Planning and Zoning Law allows cities to create accessory dwelling units, which are small living spaces on the same lot as primary dwellings. Currently, cities can require rentals for more than 30 days, but this bill would only allow 30 days or longer. Also, beginning in 2025, cities could require that an owner of the accessory dwelling unit occupies the unit. However, this bill would stop cities from making this requirement. (Based on 10/11/2023 text) 13 5
Current
Text:
10/11/2023 - Chaptered
AB 1132 Friedman, D HTML PDF
Solar energy systems: permit fees.
Bill information
Summary: This bill would extend a provision, currently set to expire on 2025, that limits permit fees that a city or county may charge for residential and commercial solar energy systems. By extending this provision, the state will impose a local program and require cities and counties to stay in line with solar energy regulat ions. The state will not have to reimburse local agencies or school districts for any cost associated with this program. (Based on 10/07/2023 text)
Current
Text:
10/07/2023 - Chaptered
AB 1166 Bains, D HTML PDF
Liability for opioid antagonist administration.
Bill information
Summary: This law allows people to provide emergency medical or nonmedical care without worrying about being held liable for civil damages, except in cases of gross negligence, willful or wanton misconduct. The bill seeks to further protect those who are providing emergency treatment at the scene of an opioid overdose or suspected overdose by allowing them to administer an opioid antagonist without fear of being held liable for civil damages. It also protects those who provide the opioid antagonists used during an overdose from being liable for civil damages. (Based on 07/21/2023 text)
Current
Text:
07/21/2023 - Chaptered
AB 1332 Carrillo, Juan, D HTML PDF
Accessory dwelling units: preapproved plans.
Bill information
Summary: This bill would make it easier for people to build accessory dwelling units (like granny flats). It would require all local agencies to develop a program for pre-approving plans for accessory dwelling units. It would also allow for local agencies to charge a fee for pre-approvals. Additionally, the local agency would be required to post approved plans on their internet website and approve or deny applications for detached accessory dwelling units within 30 days. The aim of this bill is to address a matter of statewide concern and would apply to all cities, including charter cities. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
AB 1418 McKinnor, D HTML PDF
Tenancy: local regulations: contact with law enforcement or criminal convictions.
Bill information
Summary: , This bill attempts to protect people from being penalized as the result of a law enforcement contact. It would prevent local governments from penalizing people, such as landlords or tenants, who have been contacted by a law enforcement agency or have a criminal conviction. Also, it would protect tenants from being evicted or punished because of another tenant's law enforcement contact or criminal conviction. The bill would affect all cities, including charter cities, and contain remedies for violations. (Based on 10/08/2023 text) 14 6
Current
Text:
10/08/2023 - Chaptered
AB 1448 Wallis, R HTML PDF
Cannabis: enforcement by local jurisdictions.
Bill information
Summary: The Control Regulate and Tax Adult Use of Marijuana Act (AUMA) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) give people the license to do commercial adult -use cannabis activity and regulate the licensure of commercial medicinal and adult-use cannabis activities. MAUCRSA also creates penalties for those engaging in commercial cannabis activity without a license. This bill changes those penalties so that the agency bringing the action is reimbursed for the costs of bringing the action and 50% of the remainder is paid t o the county or city involved, and the other 50% is deposited into the General Fund. (Based on 10/13/2023 text)
Current
Text:
10/13/2023 - Chaptered
AB 1467 Alanis, R HTML PDF
Nevaeh Youth Sports Safety Act.
Bill information
Summary: The Nevaeh Youth Sports Safety Act requires youth sports organizations to ensure their athletes have access to an AED (Automated External Defibrillator) during any official practice or match. The AED must be administered by a medical professional, coach or other designated person who holds certification and meet s any other qualifications required by federal and state law. The Act will go into effect January 1, 2027. This is an addition to existing law which already requires youth sports organizations to provide coaches, administrators, and game officials with ann ual education and materials relating to the use of an AED and other concussions/sudden cardiac arrest prevention protocols. Tackle football programs are also required to receive coach certification in first aid, cardiopulmonary resuscitation and AED protocols. (Based on 06/29/2023 text)
Current
Text:
06/29/2023 - Chaptered
AB 1484 Zbur, D HTML PDF
Temporary public employees.
Bill information
Summary: The Meyers-Milias-Brown Act authorizes public employees to form and join employee organizations and requires certain matters to be considered when it comes to employee-employer relations. This bill would impose requirements on temporary employees of public employers who are performing the same or similar type of work that' s done by permanent employees to be automatically included in the same bargaining unit and would require public employers to participate in collective bargaining to establish certain employment conditions for them. If the bill's provisions are violated, it would be processed as an unfair practice charge. If passed, the bill would impose new duties on local agencies, and the state would not be required to reimburse them. (Based on 10/10/2023 text)
Current
Text:
10/10/2023 - Chaptered
AB 1490 Lee, D HTML PDF
Affordable housing development projects: adaptive reuse.
Bill information
15 7
Summary: This bill requires local officials to prioritize the funding of adaptive reuse projects in order to build more affordable housing in existing developed areas with public infrastructure. The bill adds to the Housing Accountability Act, which makes it illegal for local agencies to disapprove or condition a housing project that is intended to be used for very low - income, low-income, or moderate-income households, so long as it complies with objective, quantifiable written development standards. This bill requires these housing developments to have 100% of their units be dedicated to lower income households, with 50% of the units being dedicated to very low -income households. Local agencies would be required to determine if the proposed development meets these standards w ithin a specific timeframe and would be prohibited from prohibiting an adaptive reuse model for an affordable housing project on the basis that it is an adaptive reuse project. A local source of funding would have to include adaptive reuse as an eligible p roject. The state will have to cover the cost for these changes, as they are a matter of statewide concern, not municipal affairs. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
AB 1572 Friedman, D HTML PDF
Potable water: nonfunctional turf.
Bill information
Summary: This bill would encourage reuse of water and make restrictions about how water is used. It would require water management plans to consider the water-related needs of disadvantaged communities and owners and occupants of affordable housing. Specifically, it would prohibit the use of potable water for the irrigation of nonfunctional turf located on certain properties, and require owners of these properties to certify their compliance. The bill would also ask the State Water Resources Control Board to create a form for certification and would also allow public water systems, counties or cities to enforce these provisions. Finally, it would require the Governor's Office of Business and Economic Development to support businesses that provide services that help w ith compliance. (Based on 10/13/2023 text)
Current
Text:
10/13/2023 - Chaptered
AB 1594 Garcia, D HTML PDF
Medium- and heavy-duty zero-emission vehicles: public agency utilities.
Bill information
Summary: Executive Order No N-79-20 seeks to transition medium- and heavy-duty vehicles in California to zero-emission vehicles by 2035 for drayage trucks and by 2045 where feasible. The bill related to this executive order also requires any state regulation that seeks to require or otherwise compel the procurement of medium- and heavy-duty zero- emission vehicles to authorize public agency utilities, such as local publicly owned electric utilities, community water systems, and wastewater treatment providers, to purchase replacements for traditional utility-specialized vehicles that are at the end of their life in order to maintain reliable service and respond to major foreseeable events. (Based on 10/08/2023 text)
Current
Text:
10/09/2023 - Chaptered
AB 1637 Irwin, D HTML PDF
Local government: internet websites and email addresses.
Bill information
Summary: The California Constitution allows cities and counties to make laws and regulations that do not conflict with general laws. The California Public Records Act requires a local agency to make public records available to the public, including (by 2029) posting them on an internet website with a “gov” or “cagov” domain name. This bill would also require local agencies to use a “gov” or “cagov” domain name for employee email addresses. Furthermore, it would require the 16 8
state to reimburse local agencies for any costs mandated by this bill, as determined by the Commission on State Mandates. (Based on 10/08/2023 text)
Current
Text:
10/09/2023 - Chaptered
ACA 13 Ward, D HTML PDF
Voting thresholds.
Bill information
Summary: This measure would provide that any proposed constitutional amendment or a statewide initiative measure must be approved by the majority of the people voting. If the measure includes provisions to increase the number of votes needed to pass a state or local measure, then the votes in favour of the measure must be equal or higher than the highest approval requirement. This measure would apply to measures from January 1, 2024. Additionally, a local governing body would be allowed to hold an advisory vote to get the opinion of the people. Finally, the measure would state that if any part of it is not valid, the remainder of the measure would not be affected. (Based on 11/02/2023 text)
Current
Text:
11/02/2023 - Chaptered
SB 4 Wiener, D HTML PDF
Planning and zoning: housing development: higher education institutions and religious institutions.
Bill information
Summary: This bill would make it easier for certain development projects to get approval. It would require local governments to approve projects on certain land owned by an independent institution of higher education or religious institution if the project meets certain criteria. This includes that 100% of the project's units are affordable to lower income households, and that the project is located close to a public transit stop or car sharing vehicle. The bill also prohibits local governments from imposing certain kinds of requirements on these projects, such as more parking than necessary. Finally, the bill would prevent the California Environmental Quality Act from applying to these projects. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
SB 14 Grove, R HTML PDF
Serious felonies: human trafficking.
Bill information
Summary: This bill adds human trafficking of a minor to the definition of a serious felony under California law. This means that if someone is convicted of a serious felony, including human trafficking of a minor, they could be subject to the Three Strikes Law, which increases punishments for certain felonies. Even though this bil l creates a new state-mandated local program, the California Constitution does not require state reimbursement for the costs associated with it. (Based on 09/25/2023 text)
Current
Text:
09/25/2023 - Chaptered
SB 20 Rubio, D HTML PDF
17 9
Joint powers agreements: regional housing trusts.
Bill information
Summary: The Joint Exercise of Powers Act authorizes two or more public agencies to join together to exercise their common powers. This bill would allow two or more local agencies, as well as a federally recognized tribal government, to create a regional housing trust. This trust would help fund housing to assist the homeless and those of extremely low, very low, and low income. The trust would be led by a board of directors, consisting of at least five people, and would be allowed to fund projects, accept financing and funds, and issue bonds. They would also be required to follow certain financial reporting and auditing requirements. (Based on 09/01/2023 text)
Current
Text:
09/01/2023 - Chaptered
SB 29 Glazer, D HTML PDF
The Political Reform Act of 1974: Fair Political Practices Commission: political reform education program.
Bill information
Summary: The Political Reform Act of 1974 is a law that requires the reporting of campaign contributions and expenditures and sets up other record-keeping requirements. The Fair Political Practices Commission is responsible for upholding the Act and if someone breaks the law, they are subject to criminal penalties and a $10 per day fine . This bill would create a Political Reform Education Program which would give people an alternate way to handle any minor violations without administrative proceedings. Eligibility requirements would include lack of experience with the Act and minimal public harm from the violation. To participate in the program, people would have to pay a fee to the General Fund. The bill would also exempt program participants from additional penalties and say that it furthers and helps the purposes of the Act. (Based on 10/10/2023 text)
Current
Text:
10/10/2023 - Chaptered
SB 55 Umberg, D HTML PDF
Vehicles: catalytic converters.
Bill information
Summary: This bill requires core recyclers that accept or sell used catalytic converters to maintain records of their purchases and sales, and would allow payment by check, credit card, or any other traceable payment other than cash. It would also prohibit dealers and retailers from selling new and used cars with converters that aren't marked with the car's vehicle identification number. Until 2025, vehicles purchased from a dealer licensed in another state and without a warranty service facility in California would be exempt from this requirement. Breaking this law would be an infraction punishable with a fee. (Based on 10/13/2023 text)
Current
Text:
10/13/2023 - Chaptered
SB 329 Dodd, D HTML PDF
Cities: city council members: compensation.
Bill information
Summary: This bill changes the way a city can decide how much to pay its city council members. Currently, the city council can pass an ordinance allowing them to earn a salary based on the population of the city, but only up to a maximum amount. Under this bill, the maximum amount can be increased beyond that to an amount based on either 5% for each year since the last salary adjustment, or equal to inflation since January 1, 2024, up to a maximum of 10%. Any 18 10
such salary increase must be done in an open session at least two regular meetings of the city council. (Based on 06/29/2023 text)
Current
Text:
06/29/2023 - Chaptered
SB 386 Newman, D HTML PDF
Elections.
Bill information
Summary: This bill makes changes to the procedures for filing petitions for initiatives, referendums, and recalls, as well as the submission of nomination papers for municipal office candidates. For petitions which have more than 500 signatures, elections officials can use random sampling to determine the number of valid signatures, and the ti me frame to complete the determination is extended by 30 days, except when it would cause a recall election to be ineligible for consolidation. For municipal office candidates, elections officials must post or publish specified election information at least 3 days before the nomination papers are due. The bill also repeals the requirement for ballots for presidential elections to contain specific instructions for voters, which would increase the duties of local elections officials resulting in a state-mandated local program. If the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs must be made according to the statutory provisions. (Based on 10/13/2023 text)
Current
Text:
10/13/2023 - Chaptered
SB 423 Wiener, D HTML PDF
Land use: streamlined housing approvals: multifamily housing developments.
Bill information
Summary: This bill would make changes to the Planning and Zoning Law, which authorizes a streamlined ministerial approval process for multifamily housing developments that satisfy specific objective planning standards. Under the bill, the Department of General Services would be able to act in the place of a locality or local government. The bill would extend the operation of the streamlined ministerial approval process until January 1, 2036. It would also provide changes to the objective planning standards, such as revising the standard that prohibits a multifamily housing development from being subject to the streamlined ministerial approval process if it’s located in a coastal zone, and removing a prohibition on a development being located in a High Fire Severity Zone. The bill would a lso require a local government’s Planning Director or equivalent to determine that the development is consistent with the objective planning standards in order for it to be approved, as well as require a public meeting if the development is located in a census tract designated as a Moderate Resource Area, Low Resource Area, or Area of High Segregation and Poverty.
The bill would also prohibit design reviews and public oversight of the development, and would impose a state - mandated local program. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
SB 459 Rubio, D HTML PDF
Domestic violence: restraining orders.
Bill information
Summary: Under this existing law, someone who has been attacked, stalked, or threatened can take legal action and ask a civil court to issue an order to forbid the person who has attacked, stalked, or threatened them from doing so again. This court order can be valid for up to 5 years, and the court can decide to renew it for 5 or more years, or permanently if it 19 11
is needed. This new bill would require the Judicial Council to create forms for people who already have a restraining order, to modify it if needed. (Based on 10/13/2023 text)
Current
Text:
10/13/2023 - Chaptered
SB 616 Gonzalez, D HTML PDF
Sick days: paid sick days accrual and use.
Bill information
Summary: The Healthy Workplaces Healthy Families Act of 2014 requires employers in California to give paid sick days for certain reasons. It also includes provisions on how employees can use paid sick days. This bill would exclude railroad employers and their employees from the act's provisions, and make changes for CBA (Collective Bargaining Agreement) employees and certain individual providers of in-home supportive services. This includes extended accrual requirements, raising the limit from 24 to 40 hours or 3 to 5 days, and changing the condi tions for the employer's policy to provide at least 5 days or 40 hours of sick leave or paid time off within 6 months of employment. It also increases accrual thresholds from 48 to 80 hours or 6 to 10 days. Lastly, the bill sets forth that the provisions s hall preempt any local ordinance to the contrary. (Based on 10/04/2023 text)
Current
Text:
10/04/2023 - Chaptered
SB 623 Laird, D HTML PDF
Workers’ compensation: post-traumatic stress disorder.
Bill information
Summary: Workers can receive compensation when injured while working. This includes medical treatment, disability indemnity and death benefits. Until January 1 2025, certain firefighting personnel and peace officers will be presumed by the law to have developed post-traumatic stress that arose from their work. However, this will be repealed in 2029 and the Commission on Health and Safety and Workers' Compensation will review claims filed for people who are not included in the presumption, such as public safety dispatchers. (Based on 10/08/2023 text)
Current
Text:
10/09/2023 - Chaptered
SB 700 Bradford, D HTML PDF
Employment discrimination: cannabis use.
Bill information
Summary: The California Fair Employment and Housing Act prohibits employers from discriminating against employees based on several categories. Beginning in 2024, employers are not allowed to discriminate against someone due to their use of cannabis outside of the workplace. This bill seeks to make it unlawful f or employers to ask applicants about their prior use of cannabis. This exemption does not apply if employers are allowed to consider or inquire about that information according to the Fair Employment and Housing act or other relevant state or federal law. (Based on 10/07/2023 text)
Current
Text:
10/07/2023 - Chaptered
SB 706 Caballero, D HTML PDF
Public contracts: progressive design-build: local agencies.
Bill information
Summary: Existing law authorizes certain local authorities like cities, counties and districts to use a special project delivery process called "Progressive Design-Build" to carry out up to 15 large construction projects costing more than 20 12
$5,000,000 each which must be reported to the Legislature. This bill would extend that authority to allow up to 10 similar projects as well as projects not limited to water-related ones. It also requires the local agency to provide certain information about the projects under penalty of perjury and make a report to the Legislature by December 31 2028. The bill also states that the state is not required to reimburse any cost incurred in this process. (Based on 10/08/2023 text)
Current
Text:
10/08/2023 - Chaptered
SB 747 Caballero, D HTML PDF
Land use: surplus land.
Bill information
Summary: Existing law governs which types of land a local agency may dispose of by declaring it surplus, and requires that the local agency declare land as either surplus or exempt surplus land in a public meeting before they can dispose of it.
This bill would change the definition of "dispose" to generally mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024 for a term longer than 15 years including renewal options, and it would also redefine the term “agency’s use” to include property owned by a port. This bill would also add various new categories of exempt surplus land to the requirements. Various actio ns by local agencies when disposing of the land, such as sending a written notice, would be required. If certain conditions are met, the local agency could be held liable for up to 30% of the proceeds from the sale of the land. (Based on 10/11/2023 text)
Current
Text:
10/11/2023 - Chaptered
SB 767 Rubio, D HTML PDF
Elementary education: kindergarten.
Bill information
Summary: In California, if you are aged 6-18, you are required by law to attend school full-time. Exceptionally, children under 6 may be admitted to kindergarten if they turn 5 or 6 by September 1 of the school year, and a child who has already been admitted to kindergarten may be admitted to the first grade if they are judged to be ready for first grade work.
The bill, starting in 2024, would require a child to have completed one year of kindergarten before being admitted to the first grade. The state may have to reimburse local agencies and sch ool districts for any associated costs. (Based on 03/22/2023 text)
Current
Text:
03/22/2023 - Amended
SB 798 Glazer, D HTML PDF
Elections: local bond measures: tax rate statement.
Bill information
Summary: Local governments are required to provide voters with a statement when a bond measure is put up for public vote.
Currently, the statement needs to provide an estimated tax rate per $100 of the property's assessed value. This bill suggests that the estimated tax rate should now be shown per $100,000 of the assessed value. (Based on 10/10/2023 text)
Current
Text:
10/10/2023 - Chaptered
Total Measures: 42
Total Tracking Forms: 10
21 1
Chino Priority Bills from 2023
Status as of January 5, 2024
AB 55 Rodriguez, D HTML PDF
Medi-Cal: workforce adjustment for ground ambulance transports.
Tracking form
Position
Support
Priority
Standard (4)
Bill information
Summary: The Medi-Cal program provides health care services to low-income individuals, and is partly funded by the federal Medicaid program. This bill would establish an additional payment for services provided by ground ambulance transport, with the rate varying depending on the point of pickup and whether the service was for an emergency or non-emergency. Providers who meet the workforce standards - such as emergency medical dispatchers, emergency medical technicians, paramedics, and registered nurses - set by the State Department of Health Care Services would receive the payment. The bill would authorize the department to recoup payments from providers who don't meet the standards and would condition requiring the payment on receiving necessary federal approvals. There is no required reimbursement for local agencies and school districts for this bill. (Based on 04/27/2023 text)
Current
Text:
04/27/2023 - Amended
AB 257 Hoover, R HTML PDF
Encampments: penalties.
Tracking form
Position
Priority
Track/Watch (5)
Bill information
Summary: This bill proposes a law prohibiting people from camping within 500 feet of a school in a street, sidewalk, or other public property. Currently, it is considered a misdemeanor if a person lodges in a place without permission or if they willfully and maliciously obstruct a person’s free movement in a public place. If someone breaks this proposed law, they can be fined up to $10 in an action brought by the city attorney of the city or the county counsel or the district attorney of the county where the violation occurred. (Based on 01/03/2024 text)
22 2
Current
Text:
01/03/2024 - Amended
AB 335 Alanis, R HTML PDF
Retail theft.
Tracking form
Position
Priority
Track/Watch (5)
Bill information
Summary: This bill constantly updates existing law to keep up with organized retail thefts. It requires the state and local law enforcement to collect and provide data on retail theft to the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy. The commission is required to submit a report to the Legislature that describes the reported retail thefts by January 1, 2026. If the Commission on State Mandates determines that the bill contains costs mandated by the state, then reimbursement for those costs will be made. (Based on 03/09/2023 text)
Current
Text:
03/09/2023 - Amended
AB 367 Maienschein, D HTML PDF
Controlled substances: enhancements.
Tracking form
Position
Support
Priority
Track/Watch (5)
Bill information
Summary: This bill states that if a person sells, furnishes, administers, or gives away fentanyl or a related substance and that person suffers a significant or substantial physical injury as a result, then the person who sold, furnished, administered, or gave away the substance can get an added sentence of 3-5 years in state prison.
This does not apply to juvenile offenders. This bill also specifies that the state of California does not have to reimburse local agencies for this program. (Based on 03/22/2023 text)
Current
Text:
03/22/2023 - Amended
AB 474 Rodriguez, D HTML PDF
State Threat Assessment Center: transnational criminal organizations.
Tracking form
Position
Support
Priority
Track/Watch (5)
Bill information
23 3
Summary: This bill requires the State Threat Assessment Center (STAC) to prioritize efforts to disrupt and dismantle criminal networks trafficking opioid drugs in California. In addition, the STAC must also support state and local interagency task forces and provide training to public safety personnel. This is part of the responsibility of the Office of Emergency Services, which is a part of the Office of the Governor and already responsible for addressing natural, technological, or human-caused disasters and emergencies, and preventing, responding to, recovering from, and mitigating the effects of emergencies and disasters. (Based on 09/13/2023 text)
Current
Text:
10/09/2023 - Vetoed
AB 1034 Wilson, D HTML PDF
Law enforcement: facial recognition and other biometric surveillance.
Tracking form
Position
Oppose
Priority
Significant (3)
Bill information
Summary: This bill would establish new policies and procedures to ensure that body-worn cameras worn by peace officers are used properly. It requires all law enforcement agencies, departments, or entities to consider best practices when establishing policies for body-worn cameras. It would also prohibit any biometric surveillance systems or other data-collection technology from being used with officer cameras.
Furthermore, it grants people the right to sue any law enforcement agency or officer who violates this prohibition. These provisions currently expire on January 1, 2027. (Based on 05/01/2023 text)
Current
Text:
05/01/2023 - Amended
AB 1505 Rodriguez, D HTML PDF
Seismic retrofitting: soft story multifamily housing.
Tracking form
Position
Support
Priority
Track/Watch (5)
Bill information
Summary: Existing law in California creates the California Earthquake Authority (CEA) and the California Residential Mitigation Program (CRMP), which provide financial assistance to owners of soft story multifamily housing that is at risk of collapse in earthquakes. A fund of $250 million from the state's General Fund was set up to support the Seismic Retrofitting Program for Soft Story Multifamily Housing, but this bill would remove the requirement for this appropriation and instead allow the Office of Emergency Services to use federal funds from the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities to support this program. (Based on 07/03/2023 text)
24 4
Current
Text:
07/03/2023 - Amended
SB 31 Jones, R HTML PDF
Encampments: sensitive areas: penalties.
Tracking form
Position
Oppose
Priority
Significant (3)
Bill information
Summary: This bill would prohibit a person from sitting, lying, sleeping, or placing personal property on any street sidewalk or other public right-of-way within 1000 feet of a sensitive area, such as an intersection or school, as defined. A violation of this prohibition would be considered a public nuisance, and can be abated and prevented as provided by law. A violation could be charged as either a misdemeanor or an infraction. In order to enforce these rules, the prosecutor must provide at least 72 hours of notice before commencing any action. This bill would also prohibit the state from being required to reimburse for costs associated with enforcing these rules. (Based on 03/22/2023 text)
Current
Text:
03/22/2023 - Amended
SB 50 Bradford, D HTML PDF
Vehicles: enforcement.
Tracking form
Position
Oppose
Priority
Significant (3)
Bill information
Summary: This bill proposes to change existing law by prohibiting a police officer from making a stop or detaining a person for a minor infraction (like a traffic violation) unless they have a separate independent ground for doing so. It also would allow police officers to send out citations and warnings to vehicle or bicycle owners if they can identify the owner but don’t have grounds to stop them. Additionally, it authorizes local authorities to enforce Vehicle Code violations without involving a peace officer. This proposed change in the law is subject to the passage of two other bills (AB 436 and AB 825). (Based on 09/07/2023 text)
Current
Text:
09/07/2023 - Amended
SB 94 Cortese, D HTML PDF
Recall and resentencing: special circumstances.
Tracking form
Position Priority
25 5
Oppose Standard (4)
Bill information
Summary: This bill would allow people convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole, before the June 5, 1990, statewide primary election to petition the court for a court case re-hearing if they have served at least 25 years in custody. The court would consider mitigating circumstances presented by the petitioner and to look at changes in law that would reduce sentences or allow for judicial discretion. Victims of the crime would also be entitled to receive notice of all proceedings and specified rights under the Victims' Bill of Rights Act of 2008 (Marsy's Law). (Based on 09/07/2023 text)
Current
Text:
09/07/2023 - Amended
SB 316 Niello, R HTML PDF
Shoplifting: increased penalties for prior crimes.
Tracking form
Position
Priority
Track/Watch (5)
Bill information
Summary: Proposition 47 lessened punishment for petty theft and defined shoplifting as entering a shop with intent to steal when the value of the property was not more than $950. This bill strengthens punishment for those who have been convicted three or more times of petty theft, grand theft, or certain other crimes, and those previously convicted of a serious or violent felony. This could include additional jail time up to one year or eighteen months, depending on the situation. This bill also calls for the provisions of the law to be put to a veto referendum on the November 5, 2024 statewide general election. (Based on 02/06/2023 text)
Current
Text:
02/06/2023 - Introduced
SB 536 Rubio, D HTML PDF
Horse racing: out-of-state thoroughbred races: Delaware Handicap.
Tracking form
Position
Support
Priority
Sponsored (1)
Bill information
Summary: The Horse Racing Law allows a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on out-of-state thoroughbred races conducted in the U.S. while their race meetings are occurring, including days with no live racing, without needing permission from horse owners in these races.
This law requires that the total number of out-of-state races they can show each day when live thoroughbred racing is occurring in the state must be 50 or fewer. This bill would exempt 3 specific races 26 6
("Delaware Handicap," "Molly Pitcher Handicap," or "Derby Stakes") from the 50 race/day limit. (Based on 01/03/2024 text)
Current
Text:
01/03/2024 - Amended
SB 690 Rubio, D HTML PDF
Domestic violence.
Tracking form
Position
Support
Priority
Standard (4)
Bill information
Summary: This law states that if someone inflicts bodily harm on their spouse, former spouse, or certain other specified victims, they can be punished with up to four years in a state prison, one year in a county jail, a fine of up to $6,000, or both the jail time and the fine. Normally, prosecution for this crime must take place within five years of the offense, but this bill would extend that to fifteen years. This bill would apply to offenses committed on or after January 1, 2024 and offenses for which the statute of limitations was still in effect before January 1, 2024. The bill also states that California does not have to reimburse local agencies and school districts for any costs imposed by this new law. (Based on 02/16/2023 text)
Current
Text:
02/16/2023 - Introduced
Total Measures: 13
Total Tracking Forms: 13
27 MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT
..titl e
Warrants.
..end
RECOMMENDATION
Approve expenses as audited and within budget for warrants 768512 to 768834, and Electronic Fund Transfers 518471E to 518612E, totaling $11,556,935.06. ..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 23-24 Operating Budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Revenue:
Expenditure:
Transfer In: Transfer Out:
28 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: 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. 768512 – 768618 12/7/23 23-24 $973,121.20
2. 768619 12/7/23 23-24 $1,941.00
3. 768620 – 768721 12/14/23 23-24 $2,183,832.73
4. 768722 – 768834 12/21/23 23-24 $3,040,067.23
5. 518471E – 518519E 12/8/23 23-24 $958,616.25
6. 518520E – 518564E 12/15/23 23-24 $142,321.14
7. 518565E – 518612E 12/22/23 23-24 $4,257,035.51
E: Electronic Fund Transfer
TOTAL $11,556,935.06
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment
29 Council Meeting 1/16/24
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
768539 12/07/2023 CCS ORANGE COUNTY JANITORIAL INC JANITORIAL SERVICES $73,282.47 768561 INTERNATIONAL LINE BUILDERS, INC. CONTRACT SERVICES $162,655.20 768564 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.
LANDSCAPE MAINTENANCE $93,135.00
768600 SO CAL EDISON CO SERVICE PERIOD: 10/18-11/30 $165,873.49 768615 WASTE MANAGEMENT COLLECTION SERVICES $91,440.91 518485 12/08/2023 T & T INVESTMENTS LLC CITY CONSIDERATION 07/01/23-09 $332,392.89 518499 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50 518505 MAMCO INC WATER MAIN LINE REPLACEMENT $397,679.83 768621 12/14/2023 ALESHIRE & WYNDER LLP CITY ATTORNEY/LEGAL SERVICES $131,397.37 768635 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS $292,729.20 768639 CHINO DEVELOPMENT CORPORATION SEWER LIFT STATION $512,000.00 768651 DYETT & BHATIA, URBAN & REGIONAL
PLANNERS
GENERAL PLAN UPDATE $66,452.96
768652 E-PLAN INC CENTRAL SERVICES-EPR SOFTWARE $91,594.51 768655 EUCLID/KIMBALL PARTNERS DIF REIMBURSEMENT $636,400.00 768709 SO CAL EDISON CO SERVICE PERIOD: 11/02-12/04 $95,414.49 768718 WEST COAST ARBORISTS INC TREE TRIMMING $60,894.20 768727 12/21/2023 ALL AMERICAN ASPHALT CITYWIDE SLURRY SERVICES $680,696.66 768736 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS $354,863.00 768740 CALGON CARBON CORPORATION CALGON TREATMENT $111,817.60 768776 GENERAL PUMP COMPANY INC WELL 12 & WELL 14 REHAB $109,915.00 768813 PUBLIC RESTROOM COMPANY CHINO RANCHO PARK $145,211.00 768816 S/B COUNTY ASSOC GOVERNMENTS SR60/CENTRAL INTERCHANGE $531,016.92 768827 TRANSTECH ENGINEERS, INC. ON CALL CIP SERVICES $75,442.50 768831 WASTE MANAGEMENT REFUSE COLLECTION $611,648.36 768834 Z & K CONSULTANTS, INC. ON CALL CIP SERVICES $131,930.50 518573 12/22/2023 CHINO BASIN DESALTER AUTHORITY WATER PURCHASES $1,625,776.00 518575 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-JANUARY 2024
$1,142,262.00
30 Council Meeting 1/16/24
518587 12/22/2023 INLAND EMPIRE UTILITIES AGENCY SEWAGE TREATMENT SERVICE $851,938.71 518593 MICON CONSTRUCTION, INC. OLD SCHOOLHOUSE MUSEUM BARN & SITE
IMPROVEMENTS
$109,763.80
518602 NEW TANGRAM LLC HALL IT STAFF FURNITURE $69,984.08 518608 WATER FACILITIES AUTHORITY IMPORTED WATER PURCHASE $267,331.82 518611 YUNEX LLC TRAFFIC SIGNAL MAINTENANCE $67,666.56
32 TOTAL $10,143,764.53
31 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK
SUBJECT
..titl e
Regular Meeting Minutes for December 19, 2023.
..end
..body
32 CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, DECEMBER 19, 2023
MINUTES
CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________
CALL TO ORDER
The December 19, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:35 pm 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.
Council Member Lucio arrived at 4:51 p.m.
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 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)
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Title: City Manager
City Designated negotiator: Fred Galante, City Attorney The City Council recessed to Closed Session at 4:35 p.m. 33 CHINO CITY COUNCIL
DECEMBER 19, 2023 2
The City Council concluded Closed Session at 5:58 p.m. and reconvened the regular meeting at 6:03 p.m.
FLAG SALUTE
Council Member Lucio led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Presentations
Chino Youth Christmas Parade Decorated Entry Competition Winners. Recognition of Chino Youth Christmas Parade Decorated Entry Competition Winners:
Best Use of Theme - American Heritage Girls Troop CA3130 Best Overall Walker - Chino American Little League
Best Overall Vehicle/Float - Cub Scout Pack 205
Mayor Ulloa presented a certificate of recognition to American Heritage Girls Troop CA3130 accepted by American Heritage Girl Eliana Wood, Chino American Little League accepted by President Erminda Kamphuis, and Cub Scout Pack 205 accepted by Cub Master Megan Busser.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported Closed Session as follows:
1. 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 provided unanimous direction and no further reportable action was taken.
City Attorney Fred Galante reported Closed Session will reconvene after the regular meeting for the remaining two closed session items and a report out will be provided at the conclusion of Closed Session.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no agenda additions or revisions.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
The 2023 Holiday Home Decorating Contest is open and residents can cast their votes for their favorite holiday decorated home. Participating homes can be viewed on the map at www.cityofchino.org/holidayhome. The winner will be announced on December 21 via social media and the City website.
The Chilly Chino Snow Day event is scheduled for January 27, 2024 at the Ayala Park 34 CHINO CITY COUNCIL
DECEMBER 19, 2023 3
Operations Center from 10:00 a.m. to 2:00 p.m. Register at www.cityofchino.org/chillychino.
City Hall and most city facilities will observe a holiday closure or have limited hours starting Friday, December 22, with normal operations resuming on Tuesday, January 2. The first council meeting of the new year, originally scheduled for January 2, is cancelled. The next regular council meeting will take place on January 16, 2024.
PUBLIC COMMENTS
Rabbi Mendy Harlig, Chabad Jewish Center of Chino Hills, provided the invocation.
Cecil Howell spoke in support of his Good Father Program that provides services to empower young men who are in the Junior High School and High School grade levels. Council Members provided comments and City Staff confirmed information and scheduled follow up.
Brian Walters, resident of Chino, expressed concern of unhoused individuals who reside in the vicinity of the 60 Freeway, Monte Vista and Ramona Avenues and asked if the City Council can help increase safety in this area. Mayor Ulloa requested staff to follow-up with this request.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 768402 to 768511, and Electronic Fund Transfers 518410E to 518469E, totaling $5,301,986.25.
2. Minutes. Regular Meeting Minutes for December 5, 2023 (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.
4. Professional Services Agreement - Liebert Cassidy Whitmore. Approve a $60,000 increase to the Professional Services Agreement with Liebert Cassidy Whitmore, a labor and employment services law firm, for an amount not to exceed $110,000, for employment related services relating to Federal and State labor laws.
5. Establishing Equity for Regular Part -time Employees Holiday Leave. Adopt Resolution 2023-075 to revise the holiday pay criteria to create equity to ensure paid holiday equal to five (5) hours for all “regular”, part-time employees.
6. Homeland Security Grant Program (HSGP) Acceptance. Authorize the acceptance of Homeland Security Grant Program (HSGP) in the amount of $23,902 for Fiscal Year 2021 and $22,843 for Fiscal Year 2022 to purchase a throwbot and police observation device (POD) cameras.
7. Justice Assistance Grant (JAG) Fund Interest Appropriation. Approve an additional interest appropriation of $73.31 to the Justice Assistance Grant Fund 135, grant G4211, with a corresponding increase to the grant revenue.
8. Justice Assistance Grant (JAG) 2022 Use Modification. Approve a modification to the use of 2022 Justice Assistance Grant G4239 in the amount of $22,413 and approve a purchase order and vendor cap increase for Am -Tec Total Security by up to $20,000, to purchase additional portable observation devices.
9. Justice Assistance Grant (JAG) 2023 Acceptance and Appropriation. Approve the 2023 JAG Memorandum of Understanding and Agreement; accept and appropriate grant funding in the amount of $24,141, for the future purchase of equipment supporting law enforcement. 35 CHINO CITY COUNCIL
DECEMBER 19, 2023 4
Motion by Council Member Burton, seconded by Council Member Lucio, to approve the Consent Calendar items 1-9 as presented. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
10. Chino Rancho Park Development Project. Approve the award of contract, establish a Grant Number (G4069), and additional appropriation for the Chino Rancho Park Development Project (PK200).
Staff Report By: Jeff Benson, Parks & Capital Projects Manager RECOMMENDATION: 1) Award a construction contract in the amount of $3,254,984 to Act 1 Construction, Inc., Norco, CA for the Chino Rancho Park Development Project (PK200/G8201/G4069); 2) authorize expenditures of up to $488,247 for project construction contingencies, for a not -to-exceed potential contract amount of $3,743,231; 3) appropriate $1,630,700.91 from the unappropriated reserves of the Park Fund; 4) establish a Grant G4069 in the Park Fund 340 and additional appropriation and revenue in the amount of $1,000,000 from the San Bernardino County/City of Chino -American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; 5) approve the contract between San Bernardino County and the City of Chino Related to the American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; and 6) authorize the City Manager to execute all documents on behalf of the City.
Jeff Benson, Parks & Capital Projects Manager, provided a report on the item, noting an update to the agreement with Act One Construction to incorporate government funded grant provision language listed in Article 14 and in Exhibits A through C. An updated copy of the agreement was provided to the City Council and updated in the meeting record.
Mayor Ulloa requested the total cost to construct the 1.1 acre park, including design and demolition. Mr. Benson stated the total cost is 5.4 million dollars. Silvia Avalos, Director of Community Services, Parks and Recreation confirmed the original grant for the park was 2.8 million dollars. Mayor Ulloa explained the City has experienced challenges with cost increases.
Council Member Burton inquired about the process to name city parks. Ms. Avalos explained staff and community recommend names for consideration by the Community Services, Parks & Recreation Commission who provide a recommendation to the City Council. Council Member Burton recommended staff involve the community in the name selection process who reside in the area around future parks. Council Member Burton thanked County Supervisor Curt Hagman for helping the City of Chino secure one million in grant funding from the County of San Bernardino.
Mayor Ulloa asked when the park is expected to open. Mr. Benson explained the construction is expected to conclude by late June.
Mayor Pro Tem Comstock expressed appreciation for the park opening.
Motion by Council Member Flores, seconded by Council Member Burton, to 1) Award a construction contract in the amount of $3,254,984 to Act 1 Construction, Inc., Norco, CA for the Chino Rancho Park Development Project (PK200/G8201/G4069); 2) authorize 36 CHINO CITY COUNCIL
DECEMBER 19, 2023 5
expenditures of up to $488,247 for project construction contingencies, for a not-to-exceed potential contract amount of $3,743,231; 3) appropriate $1,630,700.91 from the unappropriated reserves of the Park Fund; 4) establish a Grant G4069 in the Park Fund 340 and additional appropriation and revenue in the amount of $1,000,000 from the San Bernardino County/City of Chino -American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; 5) approve the contract between San Bernardino County and the City of Chino Related to the American Rescue Plan Act and the Coronavirus Local Fiscal Recovery Fund; and 6) authorize the City Manager to execute all documents on behalf of the City. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
11. Citywide Public Works Projects On -Call Consultant List. Approve the 2023 -2028 pre-qualified On-Call Consultant List for use of professional services for Citywide Public Works projects.
Staff Report By: Mussette Ayala, Management Analyst
RECOMMENDATION: 1) Approve the new 2023 -2028 pre-qualified On -Call Consultant List, comprised of seventy -two (72) professional and technical consultant firms, to provide professional services for Citywide Public Works projects; and 2) authorize the City Manager to execute the necessary documents on behalf of the City.
Mussette Ayala, Management Analyst, provided a report on the item.
Motion by Council Member Lucio, seconded by Council Member Burton, to 1) Approve the new 2023 -2028 pre-qualified On-Call Consultant List, comprised of seventy -two (72) professional and technical consultant firms, to provide professional services for Citywide Public Works projects; 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, AND LUCIO
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the OmniTrans Board of Directors meeting; Chino Police Department retirement luncheon; Supervisor Curt Hagman's Holiday Reception; Chino Police Department Christmas Reception; Chino Youth Christmas Parade; Mayor's Roundtable in Ontario; OmniTrans meeting; Chino Neighborhood House event; City Hall on the Move at Stater Bros Market on Pine Avenue; and wished everyone a Merry Christmas and a safe and Happy New Year.
Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on the following meetings and events attended since the last meeting that included the Chino Police Department Retiree Luncheon; Chino Youth Christmas Parade; Memorial Services for Glenn Duncan; Chino Valley Chamber of Commerce meeting; Wished everyone a Merry Christmas and Happy New Year and encouraged residents 37 CHINO CITY COUNCIL
DECEMBER 19, 2023 6
not to drink and drive, and thanked staff for their work and those who will work during the City closure.
Council Member Burton
Council Member Burton reported on the following meetings and events attended since the last meeting that included a meeting with a resident regarding the proposed ballot measure; Chino Valley Chamber of Commerce luncheon; Chino Police Retiree Luncheon; Chino Youth Christmas Parade; Planning Commission interviews with mayor; City Manager meeting; Glenn Duncan memorial; Planning Commission interviews; Chino Neighborhood House Christmas Toy Drive; Chino Valley Chamber of Commerce meeting; City Manager meeting; Closed Session meeting; and thanked City Manager Reich and staff for the nice lighted Christmas decorations on the City's front lawn and how it has attracted the community during the holidays; thanked the public speakers for coming forward and addressing the council; and wished everyone a Merry Christmas and a Happy New Year.
Council Member Flores
Council Member Flores reported on the following meetings and events attended since the last meeting that included the Chino Valley Chamber luncheon; Supervisor Curt Hagman's open house; Chino Police Officers Association event; Chino Institution for Men and Chino Institute for Women Citizens Advisory Committee; City Hall on the Move; Chino Valley Chamber Board Meeting; complimented the quality of life team; and read a poem.
Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included the Chino Institute for Men and the Chino Institute for Women Citizens Advisory Committee; Chaffey College Oversight Committee Meeting; Memorial Services for Glenn Duncan; Make a Child Smile Event; City Hall on the Move at Stater Bros on Pine Avenue; City Manager meeting; meeting with Mayor Ulloa, and wished everyone a Merry Christmas and a Happy New Year.
City Manager's Report
City Manager Reich thanked the Community Services, Parks, and Recreation staff for their dedicated efforts towards the planning of the Chino Youth Christmas Parade, and thanked the Chino Police Department and the Chino Valley Fire Department for keeping residents safe.
City Attorney's Report
City Attorney Fred Galante wished everyone a Merry Christmas and a Happy New Year.
Police Chief's Report
Police Chief Kevin Mensen wished everyone a Merry Christmas and a safe New Year, and reported sobriety DUI checkpoints are planned during the holidays.
Fire Chief's Report
Deputy Fire Chief Carlos Skibar provided information on the ambulance service agreement, Fire Station 68; thanked everyone for a successful year of the Make a Child Smile event; and announced the deadline to submit the Fred L. Burns award. 38 CHINO CITY COUNCIL
DECEMBER 19, 2023 7
CLOSED SESSION
The City Council recessed back into to Closed Session at 7:09 p.m. to discuss the following closed session items:
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Title: City Manager City Designated negotiator: Fred Galante, City Attorney The City Council concluded Closed Session at 7:41 p.m. and reconvened the regular meeting at 7:42 p.m.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
The City Council performed performance evaluation, provided feedback, and no further reportable action was taken.
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Title: City Manager City Designated negotiator: Fred Galante, City Attorney The City Council discussed the item, provided unanimous direction, and no further reportable action was taken.
ADJOURN
The meeting adjourned at 7:43 p.m. The next Regular Meeting of the City Council will be held on Tuesday, January 16, 2024 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.
APPROVED AND ADOPTED THIS 16th DAY OF JANUARY 2024.
________________________________
ATTEST: EUNICE M. ULLOA, MAYOR ________________________________
NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
39 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK
SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.
..end
RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
..body
FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 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:
Superior Customer Service
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure: 1002000-43320
Transfer In: Transfer Out:
40 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: 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 (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 agenci es 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 Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for publi c inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.
Attachment – Exhibit A
41 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
December 7, 2023 Cal Cities Inland
Empire Division
Election and Holiday
Reception
Rancho Cucamonga,
CA
Council Member
Burton
January 11, 2024 Inland Empire
Economic
Partnership Annual
Dinner and Awards
Reception
Ontario, CA Mayor Ulloa
42 MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT
..titl e
Unclaimed Property held by the City of Chino.
..end
RECOMMENDATION
Approve receipt of unclaimed monies in the amount of $3,641.44.
..body
FISCAL IMPACT
Additional funds in the amount of $3,641.44 will be added to the General Fund revenue.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Revenue: 1003000-59395
Expenditure:
Transfer In: Click or tap here to enter text. Transfer Out: 100-21641 & 100-21642 43 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: UNCLAIMED PROPERTY HELD BY THE CITY OF CHINO.
PAGE: 2
BACKGROUND
The City of Chino has held in a deposit trust account , unclaimed monies totaling $4,037.27.
These monies are comprised of either uncashed vendor payments made by the City, or uncashed customer refunds made by the City when Utility Billing accounts are clos ed. The City has been unable to refund these monies due to old or outdated contact information.
Pursuant to the State of California Government Code Sections 50050 through 50055, the City has the right to claim these monies if the property is not claimed o r if no verified complaint is filed and served after the City Treasurer publishes a notice in the local newspaper once a week for two successive weeks. The notice must state the amount of money, the fund in which it is held, and that it is proposed that the money will become the property of the City on a designated date not less than 45 days and no more than 60 days after the first publication of the notice. All acts and conditions required by said sections have been performed and have occurred.
ISSUES/ANALYSIS
On September 23 and 30, 2023, the City of Chino published a Public Notice in the Chino Valley Champion with the list of individual unclaimed items of $15 or more. There were two claims duly filed in the period of 60 days since the first publicatio n of the Public Notice. The total amount of the reissued checks was $395.83. The unclaimed funds in the amount of $2,606.65 are now eligible to be claimed by the City and recorded as General Fund revenue.
In addition, pursuant to Government Code Section 5 0055, the City has the right to transfer to the General Fund any individual item less than $15, unclaimed for at least a year, without the necessity of publication of a notice in a newspaper. The total amount of those items is $1,034.79.
Therefore, the total amount of unclaimed funds to be transferred to the General Fund revenue is $3,641.44. The list of the names with amounts which are now eligible to be claimed by the City is attached in Exhibit 1.
RB:CW:hm
Attachment: Exhibit 1
44 Exhibit 1
Transaction Date Customer Transfer to General Fund Reissued UNCLAIMED AMOUNTS; $15 AND GREATER
Accounts Payable Checks:
10/01/2015 SB COUNTY CLERKS BOARD 50.00
09/01/2016 STEVENSON, JOSEPHINE CAROL 15.00
09/29/2016 BEJAR, MARIA 15.00
02/16/2017 GUO, SHUNCHANG 290.59
02/16/2017 GUO, SHUNCHANG 87.54
05/18/2017 HAO, SHUAI/#734250/5.18.17 82.40
06/22/2017 LIU, YALIN 18.27
06/22/2017 YAP, SAMEUL 25.70
08/24/2017 ZHENG, CHONG YANG 18.31
12/07/2017 CAO, XIU 100.00
12/07/2017 LI, JINHUI 237.57
12/07/2017 MOONEY INTERNATIONAL 95.52
05/10/2018 HSU, CHIA YI 59.90
05/10/2018 KING, GEORGE 23.27
05/10/2018 RON E BREWER LLC 313.73
05/10/2018 WANG, KAI 100.00
06/21/2018 AID POSTAL KEY LOGICS INC 315.28
06/21/2018 FERNANDES, ANTONIO 68.76
06/21/2018 STUDIO 13 82.10
06/21/2018 UHALDEBORDE, GUILLAUME 109.68
06/21/2018 WANG, YILONG 37.45
08/30/2018 CASTONGUAY,MARY 27.05
11/01/2018 HSIUNG, YA LUN 105.49
11/01/2018 HUANG, KAICHI 93.87
08/01/2019 LEI, JINZHOU 200.00
08/01/2019 LI, LIN 100.00
08/01/2019 LIN, GUOJIE 200.00
08/01/2019 MY TOP HOME 100.00
04/16/2020 ANN MULLER 15.00
04/23/2020 CARMEN CASTELAN 15.00
Total Accounts Payable Checks $2,606.65 395.83
INDIVIDUAL AMOUNTS LESS THAN $15:
06/22/2017 CHOY, KENNY 13.97
08/17/2017 HERMAN CHAPPEL 5.22
12/07/2017 BAWA, JANET 11.24
12/07/2017 BIAS, RICHARD 7.07
12/07/2017 CHEN, LICHUNG 5.74
12/07/2017 LY, NHUONG 7.30
12/07/2017 WANG, HAO 9.78
05/10/2018 CASTILLO, REBECCA 13.92
05/10/2018 GUTIERREZ, MONICA 5.74
05/24/2018 ROSIE PEREZ 10.00
06/21/2018 DOCTOR, EDEN 14.08
Transaction Date Customer Transfer to General Fund Reissued 06/21/2018 HARPER, ALLISON 12.88
06/21/2018 O'BRIEN, YVONNE 8.29
06/21/2018 WANG, ROUXI 14.55
08/30/2018 HE, QANHUA 6.12
11/01/2018 LINDENBERG, JANNA 12.35
11/01/2018 RESCIA, JOSE 5.57
11/01/2018 VICH, HECTOR 7.50
01/31/2019 JOSE MUNOZ 3.00
03/07/2019 MARIA TORIZ 10.00
04/11/2019 AUSTRIA, CONSTANCIA 12.49
04/11/2019 ZHU, LIRONG 5.12
06/27/2019 EAST PACKAGING COMPANY 5.72
01/16/2020 LYDIA SOTO-SILVIA 8.73
01/23/2020 HUNGWEN LU 8.73
04/02/2020 GUILLERMINA MENCOS 12.20
04/16/2020 CHEN, TESHAN 14.00
04/16/2020 JACQUELEEN YERENA 3.97
04/16/2020 JAMIE WILSON 14.40
12/10/2020 ALEMAN, DENNIS 9.52
12/10/2020 CAO, SHENG HANG 13.59
12/10/2020 CHEN, ONG MEI 9.68
12/10/2020 GUAN, SHENG 9.71
12/10/2020 HMR PROPERTY MANAGEMENT 12.35
12/10/2020 LAM, KIN 9.73
12/10/2020 LIBANG, RAY 11.50
12/10/2020 MITSUCOM INTERNATIONAL 14.10
12/10/2020 NEOS AGORA LLC 10.01
12/10/2020 ORTIZ, AMALIA 12.19
12/10/2020 RIOS, BERTHA 9.25
12/10/2020 SANTACRUZ, LEODEGARIO 10.09
12/10/2020 SHUE, BELINDA 12.89
12/10/2020 TANG, BERNAARD 10.66
12/10/2020 WANG, HARRY 13.05
12/10/2020 WANG, HSIAO LIN 14.21
12/10/2020 WANG, MICHAEL 11.74
12/10/2020 ZOU, CHUN 8.94
12/17/2020 ADAMS, GATES 6.64
12/17/2020 AMAYA, BRIDGET 6.02
12/17/2020 BROOKENS, LARRY 8.12
12/17/2020 BULGATZ, MICHELLE 6.06
12/17/2020 CHTC (USA) INC 7.55
12/17/2020 DIAZ, AIMEE 7.44
12/17/2020 GONZALEZ, LUPITA 11.00
12/17/2020 LIU, YINGSHOU 7.03
12/17/2020 LUI, CHUN JIAN 8.65
12/17/2020 PATEL, JETHABHAI 5.59
12/17/2020 PIAZZA, MARY E. 7.71
12/17/2020 UGLY HOUSE LLC 5.96
12/17/2020 WANG, XIU YAN 8.08
Transaction Date Customer Transfer to General Fund Reissued 12/17/2020 WESTRA, BRENT 5.96
12/17/2020 YAMAZAKI, M'KENZIE 7.33
12/17/2020 YANG, BETTY/OLIVER KUO 7.12
12/31/2020 ANDRADE, CHRISTOPHER 1.92
12/31/2020 BERNARDINI, RICHARD 3.98
12/31/2020 BERRY, VINCENT 2.57
12/31/2020 BROWN, CHRISTINA 3.27
12/31/2020 BUCKWALTER, SHAWN 1.67
12/31/2020 CARRILLO, LORENA/JESSE 3.04
12/31/2020 CARRILLO, MERCEDES 4.00
12/31/2020 CHEN, XI 4.04
12/31/2020 CHOY, PANG 3.22
12/31/2020 CUMMINGS, GISELLA/MICHAEL 2.62
12/31/2020 DEL CARMEN AGUILAR, MARIA 7.20
12/31/2020 DOSS-DEWINTER, STEFFAN 3.68
12/31/2020 DUSTINE LUMAN 5.20
12/31/2020 EVELYN PEREZ 7.80
12/31/2020 FLYNN, DIANE 1.66
12/31/2020 GARCIA, SAMANTHA 3.94
12/31/2020 GAYTON, MARTIN 4.73
12/31/2020 GOA, WANTING 4.25
12/31/2020 GOMES, LISA 2.35
12/31/2020 GONZALEZ, ANGELICA 3.73
12/31/2020 HERNANDEZ, MARIA/LUIS 4.74
12/31/2020 HERRERA, JULIE/MANUEL 2.01
12/31/2020 HUNTER, JESSICA 3.93
12/31/2020 IP, DORA MAN-NGAR 2.00
12/31/2020 JIMENEZ, ADRIAN 1.98
12/31/2020 KWOK, WING KIN 1.99
12/31/2020 LAI, YE MING 3.38
12/31/2020 LEE, CATHIE 4.42
12/31/2020 LEON, PATRICIA 2.16
12/31/2020 LIN, SONGSAN 3.89
12/31/2020 LOGOTECH INC 2.30
12/31/2020 LOPEZ, ARACELY 11.00
12/31/2020 LUNA 1.97
12/31/2020 MARTINEZ, AMBER 2.75
12/31/2020 MORALES, JOSHUA 4.23
12/31/2020 OLIVAS, NORMA 11.00
12/31/2020 POLLARD, PAMELA 2.42
12/31/2020 PONCE, JOHANNA 7.80
12/31/2020 POUCHER, DONNIE 1.87
12/31/2020 PU, XIANGRONG 2.94
12/31/2020 RAMOS, SCOTT 2.34
12/31/2020 RENTERIA, ROSA 7.20
12/31/2020 RINCON, ROSA 3.69
12/31/2020 RODRIGUEZ, ALICIA 1.67
12/31/2020 RODRIGUEZ, ALLISON 4.90
12/31/2020 RODRIGUEZ, IVAN 3.03
Transaction Date Customer Transfer to General Fund Reissued 12/31/2020 ROONEY, CAMAY 2.41
12/31/2020 ROSEMARY ZAVALA 12.00
12/31/2020 SEMAN, SCOTT 2.63
12/31/2020 SONG, DI 4.32
12/31/2020 STARKS, CLIFFORD 7.00
12/31/2020 STICKLER, MICHAEL 2.05
12/31/2020 US DISTRESSED MORTGAGE 1.96
12/31/2020 VIRAY, DEBRA 2.77
12/31/2020 WANG, LAN 3.44
12/31/2020 WEST, DELORIES 3.50
12/31/2020 WESTERVELT, ZACKARY 4.75
12/31/2020 WHITTINGTON, RYAN 4.13
12/31/2020 YACOUB, MONA 3.21
12/31/2020 YAN, HONG 4.31
12/31/2020 YIN, CHENG WEN 2.63
12/31/2020 YU, JIN 4.68
12/31/2020 ZHU, JIAN GAO 2.77
01/14/2021 DRUGAN, KENIA MARIA 5.80
01/14/2021 GIST-TRIM, SYNOVIA 3.50
01/14/2021 LEMUS, YVONNE 7.80
01/14/2021 TIMPANE, ROBERT 12.00
01/28/2021 AGUILAR LARA, MARIA E. 1.00
01/28/2021 HERBERT, ANTHONY 0.63
01/28/2021 JONES, CASSANDRA 0.86
01/28/2021 LIN, DIANE 7.80
01/28/2021 MEJIA, GUADALUPE 0.90
01/28/2021 MOTRENEC, RONALD 1.40
01/28/2021 PEREZ, JOSE 1.35
01/28/2021 PHILLIPS, TIMOTHY/CAROLEEN 0.88
01/28/2021 PHOENIX REALITY INVESTMENTS 0.53
01/28/2021 PORTER, MICHAEL 7.00
01/28/2021 REYES, MARY 0.37
01/28/2021 RIVERA, RUVICELA/JASON 0.88
01/28/2021 RODRIGUEZ, MARIA 1.54
01/28/2021 SERNA, SANDRA 0.29
01/28/2021 SERRANO, CHRIS/JAIME 0.31
01/28/2021 SHIGO, MEGHAN 0.40
01/28/2021 SOULETTE, AUDREY 0.38
01/28/2021 STEVENS, CLARK/CHAE 0.59
01/28/2021 STEWART, JEROME 1.17
01/28/2021 STOREY, DANIEL 0.40
01/28/2021 TANG, LIANG 0.90
01/28/2021 TORRES DEL MAR INVESTMENTS 1.15
01/28/2021 TRAN, ASHLEY 0.67
01/28/2021 UN, KA 1.27
01/28/2021 VALERIO, ANABED 0.58
01/28/2021 VANTAGE PROPERTY MANAGEMENT 0.54
01/28/2021 WANG, ZHAOMING 0.85
01/28/2021 WATTS, MONICA 1.62
Transaction Date Customer Transfer to General Fund Reissued 01/28/2021 YONEMOTO, ANNA 1.44
01/28/2021 ZAVALA, FATIMA 0.44
01/28/2021 ZHUANG, GUORONG 1.52
02/11/2021 GARCIA, YOLANDA 7.00
02/11/2021 TORRES, RAFAEL 3.00
02/25/2021 CARRILLO, LIZETH 7.80
02/25/2021 CHAVEZ, NORMA 7.80
02/25/2021 DIAZ, JUDITH 5.20
02/25/2021 FLEURY, JAMIE 7.80
02/25/2021 FOUTY, LEONA 3.50
02/25/2021 FULTON, NICOLA 3.50
02/25/2021 JIMENEZ, ARACELI 7.00
02/25/2021 MARTINEZ, GUILLERMINA 5.00
03/25/2021 NOLASCO, INOCENTA 7.80
08/26/2021 MORALES, ELMER 13.44
10/28/2021 CARDENAS, JUANA 14.46
10/28/2021 CLARK, KYLE 12.07
10/28/2021 GARDNER, GILLIAN 10.30
10/28/2021 HSIEH, CHIA-LING 8.01
10/28/2021 JOHNSON, CHELSEA 8.16
Total Individual Amounts less than $15 $1,034.79 -
Grand Total $3,641.44 $395.83
MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Purchase Order Approval – Outdoor Creations, Inc.
..end
RECOMMENDATION
1) Approve a purchase order in the amount of $150,317.72 to Outdoor Creations, Inc., Anderson, CA for the purchase of custom monument sign and park amenities for the Chino Rancho Park Development project (G8201); and 2) authorize the City Manager to execut e all necessary documents on behalf of the City.
..body
FISCAL IMPACT
Sufficient funds are included in the Fiscal Year 2023-24 Park Fund budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Responsible Long-Range Planning
Commitment to Our Community
Positive City Image
Revenue: Click or tap here to enter text.
Expenditure: 3408300-48090-G8201
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 50 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: PURCHASE ORDER APPROVAL - OUTDOOR CREATIONS, INC.
PAGE: 2
BACKGROUND
In March 2020, the City was awarded the Central and Phillips Park Site Development project as part of the 2018 Parks Bond Act Statewide Park Development and Community Revitalizations program (SPP), Proposition 68 grant. The project scope of work is developing a new neighborhood park, named Chino Rancho Park, located on the s outheast corner of Central Avenue and Phillips Boulevard. The park site will include an entry monument for the City and park, parking lot, restroom building, an all -abilities playground, shade shelter, two lighted pickleball courts, outdoor fitness equipm ent, open space, walking trail with benches, and drought tolerant landscape.
The Fiscal Year 2023 -24 budget provides grant funding for the Chino Rancho Park Development project (G8201). To obtain the best pricing for the project, staff elected to separate the project into two components. The first component will consist of purchasing the park amenities, playground equipment, shade sails, and shade shelter directly from the manufacturer, eliminating any contractor mark -up costs. The second component co nsisted of bidding the cost of installation for the park development directly with a general contractor.
ISSUES/ANALYSIS
Outdoor Creations, Inc., Anderson, CA is the sole producer/manufacturer/distributor of custom monument signs and site furnishings for this project. City staff worked with Outdoor Creations, Inc., Anderson, CA and the City’s design consultant, RHA Landscape Architects -Planners, Inc., to create a custom monument sign at the entrance of the park, along with custom pre -cast concrete site furnishings that are consistent with the theme of the park.
Staff is requesting City Council approve a purchase order to Outdoor Creations, Inc., Anderson, CA in the amount of $150,317.72 for the direct purchase of playground amenities for the Chino Rancho Park Development project.
Attachment: Outdoor Creations, Inc. - Quote
51 QUOTATION
AUTHORIZEDSALESPERSONSIGNATURE
TimL,Hudson 12/6/23
OutdoorCreationsInc‘
2270BarneyRoad
Date: 12/6/23
Anderson.CA96007 QuoteNo;Q6930 01INN":
USA ClA’I‘Iims
INC.pH# 530-365~6106 FX#530-3655129
[email protected]
SOLDTO SHIPTO
\
TimberSeriesChino,CA Chino,CA
ChinoRanchoPark ChinoRanchoParkSiteFurnishings
‘ SalesRep GoodIhruI Ierms Purchase0rder __
understandourtermsandconditions Finalsalestaxwillbe
Forkliftrequiredupondeliveryunlessotherarrangementsmadepriortoorder. calculatedattimeof shipping.
STANDARDDELIVERYA.R.OANDAPPROVEDSUBMITTALS/ORDERIS16+WEEKS(Doesnotapplytocustomproducts).
TimL,Hudson 1 1/5/24‘ Net3ODays i
Qty.iUOMi Model# i Description iUnitPricei Amount
12‘EA ‘Custom ‘(12)Halves-3'RadiusTimberSeatwaH(8'OD) ‘ 3,875.0046,500.00 iw'rih12"wide24"TaliTimberWoodgrainPlanklop
landWalnutStain
12<Each>Shipping MustBeTaxed,CompanyOwnedTruck 450000 5,400‘00 6 EA 114 96"WoodGrainTimberTable 2,160.0012,960100
14EA 427 72"TimberBenchW/BackandArmresls 1,710.0023,940.00 10EA 515 3OGSquareTimber1rashreceptacle 1,210.0012,100.00 10EA 515LIDBRONZE 515LIDBRONZE(GR1372~BR340)
10EA Plastic3OGalLiner 3OGalplasticLiner 33.00 330.00
10<Each>CastInLogo CastinLogo(UnpaintedCityofChinoLogoonone sideoftrashreceptacle)
1 EA NewCastlnLogo Newsetupforcastinlogo 525.00 525.00
42<Each>WalnutStain WalnutStain
<Each>AcrylicSealer AcrylicSealer
<Each>Kahlua ODCKahlua
1 <Each>Shipping MustBeTaxed,CompanyOwnedTruck 6,750.006,750.00
PLEASEFILLINTHEREQUIREDINFORMATIONONTHEADDITIONALPAGEWITHTHETERMS ANDCONDITIONS. Subtotal 108,505.00
SalesTax 8409.14
Pleasesignheretoconfirmyourorderandacknowledgethatyouhavereadand TOTAL 116,914.14 52 QUOTATION
AUTHORIZEDSALESPERSONSIGNATURE
TimL.Hudson 12/6/23
OutdoorCreationsinc, Date: 12/6/23
2270BarneyRoad
INC.pH# 530—365—6106 Fx#530—365—5129
Emailtim@outdoorcrea‘ions.com
SOLDTO SHIPTO
Anderson,CA96007 QuoteNo;Q6929 01
USA Chhn'l‘mNS.V
ChinoRanchoPark ChinoRanchuParkSigns‘Chino,CAChino,CA
i SalesRep i GoodThru Terms ,. i PurchaseOrder i
PLEASEFlLLlNTHEREQUIREDINFORMATIONONTHEADDITIONALPAGEWITHTHETERMS ANDCONDITIONS. Subtotai Continued
SalesTax Continued
Pleasesignheretoconfirmyourorderandacknowledgethatyouhavereadand TOTAL Continued understandourtermsandconditions Finalsalestaxwillbe
Forkliftrequiredupondeliveryunmsotherarrangementsmadepriortoorder. calculatedattimeof shipping.
STANDARDDELIVERYA.R.OANDAPPROVEDSUBMITTALS/ORDERIS16+WEEKS(DoesnotapplytoCustomproducts).
TimL.HudSon 1/5/24 Net3ODays
Qty.iUOMi Mode!# ii Description iUnitPrice Amount
1 EA Custom SingleSidedSign(Large)-120"X60"x8"- 8,711‘008,711.00 AnworkEngraved&PaintedBiack(Est
2003)(Arrows)(211/2“x18")-CastinLettering
”'CHINORANCHOPARK"&Border
1/2depthpaintedbiack.Linesoftex’t(Address88'
CITYOFCHINO".engraved&paintedbiack.
Woodgraintextureinset1"depthfromfaceofsign.
Texturetohavestainlightlyappliedtoaccentuate
texture.Stain:StoneEssenceWalnut.Threaded
inserts
EA Custom SingleSidedSign(Smaii)-76”x48"x8"-Artwork 5,595.0011,190.00 Engraved&PaintedBiack(Arrows)(13"x9")-Cast
inLettering“CHINORANCHOPARK"&Border
Woodgraintextureinset1"depthfromfaceofsign.
Texturetohavestainlightiyappiiedtoaccentuate
texture.Stain:StoneEssenceWainut.Threaded
inserts
<Each>SandBuff ODCSandBuffwithWainutStainonlyonthe
WoodgrainTextureofthesignsiightiyappiied
2 EA Custom MilkCans-28"x48"(Assembled)EachHalvewili4,450.008,900.00 be14"x48“.Reiiefcastintoeachhalfofinsideof
miikcantobeinstaliedaround8"post
Artworkoneachhaiftobepaintedbiack16“x16
3/4""Farm-Fresh-(cow)-Milk.Artworkwillbe
visablefromfrontandback
53 QUOTATION
AUTHORIZEDSALESPERSONSIGNATURE
TimL.Hudson 12/6/23
OutdoorCreationsinc. Da‘e: 12/6/23
2270BarneyRoad QuoteNo.:Q6929Anderson,CA96007 0 NN“:1 I INC.
USA ClmTmNS
PH# 530-365-6106 F><#530-365—5129
[email protected]
SOLDTO SHIPTO
ChinoRanchoPark ChinoRanchoParkSigns
Chino,CAChino,CA
SalesRep i GoodThru Terms I PurchaseOrder J
1/5/24 Net3ODaysTimL.Hudson
STANDARDDELIVERYA.R.OANDAPPROVEDSUBMITTALS/ORDERIS16+WEEKS(Doesnotappiyt0customproducts), Qty.iuomi Model#
W
Description UnitPrice Amountrim
<Each>LightGray ‘LightGray
EA iSmoothFinish SmoothFinish
EA iNANo Nano»Non-sacrificialseaier
1 <Each>‘
Shipping MustBeTaxed,CompanyOwnedTruck
i
2,200.00
‘i
2,200.00
PLEASEFILLINTHEREQUIREDINFORMATIONONTHEADDITIONALPAGEWITHTHETERMS ANDCONDITIONS. Subiotai 31,001.00
SaiesTax 2.402.58
Pleasesignheretoconfirmyourorderandacknowiedgethatyouhavereadand TOTAL 33,403.58 understandourtermsandconditions Finaisaiestaxwillbe
Forkiiftrequiredupondeiiveryunlessotherarrangementsmadepriortoorder. caicuiatedattimeof 54 MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Master Contract Amendment – Chino Valley Unified School District. ..end
RECOMMENDATION
1) Approve a contract amendment to the Tobacco Use Prevention Education (TUPE) Master Contract with the Chino Valley Unified School District; 2) appropriate an additional $14,009.71 from the unappropriated reserves of the Community Services Fund, and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body
FISCAL IMPACT
Requires an additional appropriation of $14,009.71 from the unappropriated reserves of the Community Services Fund. Sufficient revenue was included in the Fiscal Year 2023-24 budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue: Click or tap here to enter text.
Expenditure: 33081204-40010-G8580
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 55 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: MASTER CONTRACT AMENDMENT - CHINO VALLEY UNIFIED SCHOOL DISTRICT.
PAGE: 2
BACKGROUND
For several years, the City of Chino has partnered with the Chino Valley Unified School District (District). Through this partnership, the City and District work together to provide a variety of programs and services benefiting youth in the community. The TUPE program consists of six intervention/prevention programs. Specialists visit classes throughout the District during the school year to teach lessons on tobacco and drug education, substance abuse, identifying pressures to use tobacco and drugs, and strategies for resisting these pressures.
ISSUES/ANALYSIS
To facilitate efficient coordination and implementation of services, the District enters into a contract with the City to provide the services outlined in the Master Contract. Once services are rendered, the City bills the District, and the District reimburses the City. The TUPE Master Contract for Fiscal Year 2023 -24 was approved by the City Council on July 18, 2023. The District amended the TUPE Master Contract to increase the amount from $43,3 50.29 to $57,360.00. This requires an increase of $14,009.71 to the expense budget. Sufficient revenue was included in the Fiscal Year 2023-24 budget.
Attachment: CVUSD Amendment
56 ;‘$ W hyz
CHINOVALLEY
muu1w:10mms’nuu
Contract#CIIS-2324-047
CITYCONTRACTNO.:2024-106‘A1
APPROVED:
CHINOVALLEYUNIFIEDSCHOOLDISTRICT
Chino,California
AMENDMENT#1TODISTRICTCONSULTANTAGREEMENT
NO.CIIS-2324-047,CityofChino
DistrictConsultantAgreementNo.CIIS-2324-047enteredintoon6/1/2023andamendedon 12/14/2023asCIIS—2324-047-1byandbetweentheChinoValleyUnif‘IedSchoolDistrictofSan BernardinoCountyandCityofChinoisherewithamendedfortheperiodof7/1/2023through 6/30/2024asauthorizedbythetermsandconditionsoftheoriginalAgreementNo.CIIS—2324-047 ashereamended.
AMENDMENT#1-increasecontractby$14,009.71forincreasedservices.
Allotherterms,conditionsandprovisionsofAgreementNo.CIIS-2324-O47shallremaininforce.
Inwitnesswhereof,thepartiesheretohavecausedthisAgreementtobeexecutedon 12/14/2023.
CHINOVALLEYUNIFIEDSCHOOLDISTRICT CityofChino
KathyasinI
PurchasingDirector
Mai/ma/5£023
Date:
BoardApproved12/14/2023
ATTEST:
By:
NatalieGonzaga,CityClerk
Date:
Signature
SilviaAvalos,DirectorofCommunity
Services,Parks&Recreation
Date
CITYOFCHINO:
By:
Dr.LindaReich,CityManager
Date:
APPROVEDASTOFORM:
ALESHIRE&WYNDER,LLP
By:
FredGalante,CityAttorney
Date:
57 MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
California Automated Permit Processing (CalAPP) Program Grant Funds. ..end
RECOMMENDATION
1) Accept and approve the use of grant funds eligible for reimbursement under the California Automated Permit Processing (CalAPP) grant program; 2) establish a grant number G6240 and appropriate $60,000 to the General Fund with a corresponding increase in rev enue; and 3) authorize the City Manager or designee to execute the necessary documents. ..body
FISCAL IMPACT
Requires an appropriation of $60,000 to the General Fund Building program, with a corresponding increase in revenue. There are no matching funds required by the City and grant funding is being awarded by the California Energy Commission.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Superior Customer Service
Revenue: 1006300-59500-G6240
Expenditure: 1006300-40010-G6240
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 58 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: CALIFORNIA AUTOMATED PERMIT PROCESSING (CALAPP) PROGRAM GRANT FUNDS.
PAGE: 2
BACKGROUND
In June of 2022, The California Energy Commission released a solicitation for funding made available to assist cities and counties to establish on -line, automated solar permitting. Senate Bill 129 (Skinner, Budget Act of 2021) appropriates $20 million of funding to support effort s to meet clean energy goals including new and renewable storage resources including rooftop solar and storage projects.
CalAPP funding is intend ed to encourage cities and counties to enhance permitting processes and accelerate plan review turnaround times. Funding amounts are determined by jurisdiction populations. Chino is eligible for $60,000.
Applications for funding are being accepted through May 1, 2024, or until funds are exhausted.
Allowable costs for reimbursement include staff time and IT resources associated directly with the adoption, implementation and maintenance of a qualifying online, automated permitting platform.
ISSUES/ANALYSIS
The Development Services Department Building Division began development of the SolarAPP+ permitting platform in July of 2023. The implementation and adoption took place in September with a pilot program allowing ample time to test for accuracy in support of the strategic goal for superior customer service.
Staff training was completed in August and September 2023 and will continue as needed to update staff on maintenance and/or updates to the platform. Customer utilization thus far has been successful with over 10 permits issued.
On November 7, 2023, staff submitted an application for funding to the California Energy Commission to be utilized to reimburse the City for ongoing costs through May of 2027 associated with the implementation of the SolarAPP+ perm itting platform. This will include staff time, resources, consultant time, ongoing training and maintenance.
The City’s application was reviewed and deemed eligible for funding in the amount of $60,000.
Staff is seeking approval and acceptance of these fun ds to offset any ongoing maintenance costs associated with the SolarAPP+ permitting platform, thus supporting financial stability.
Attachment – CalAPP Agreement
59 STATE OF CALIFORNIA
GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RRECIPIENT AGREEMENT NUMBER
City of Chino APP-23-013
ADDRESS AGREEMENT TERM
13220 Central Ave
Chino, CA 91710
11/30/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.
PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1
REIMBURSABLE AMOUNT
$60,000
MINIMUM MATCH SHARE REQUIRED
$0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$60,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CONTRACTOR
AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE
NAME NAME
Adrienne Winuk
TITLE TITLE
Contracts, Grants, and Loans Office Manager
CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
Mike Heroux
60 ATTACHMENT 01
Grant Application Form - EXHIBIT A
1. California Automated Permit Processing (CalAPP) Program APPLICANT INFORMATION {REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):
City of Chino
Jurisdiction Type (select one):
[glcity D County D City and County
Current Estimated Population State of California De�artment of Finance Demogra�hics (https://dof.ca.gov/forecas ting/Demographics/):
D Less than 50,000 D From 100,000 to 200,000
� From 50,000 to 99,999 D Greater than 200,000
Project Manager Name Mike Heroux
(serves as point
of contact for all Street Address 13220 Central Ave
communications) City and Chino, CA 91710
Zip Code
Phone Number (909) 334-3250
E-Mail Address [email protected]
2. FUNDING (REQUIRED)
Assigned Maximum Grant Amount (select !l!J.§)
D Group 1 ($40,000): Population less than 50,000
IXI Group 2 ($60,000): Population from 50,000 to 99,999 D Group 3 ($80,000): Population from 100,000 to 200,000 D Group 4 ($100,000): Population greater than 200,000
November 2023 Page 1 of 4
CalAPP Attachment 01
APP-23-013
City of Chino
61 3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:
� SolarAPP+
□ Other (Symbium, in-house software, etc.). If selected, complete Section 4 ("Additional Information'')
B. Please select allowable budget item(s) anticipated to be used (Select at least one):
IXI Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
IXI Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
IXI Ongoing staff training and education, specific to the platform D Ongoing training events for local installers, specific to the platform D Essential hardware or equipment necessary to support adoption of the platform
D Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity
Begin Development/Pilot
Full Adoption
Staff Training
Training for Local Installers
Date (Month/Year)
July 2023
Sept 2023
Aug/Sept 2023
n/a
November 2023 Page 2 of 4
CalAPP Attachment 01
APP-23-013
City of Chino
62 4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.
Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Supports immediate generation of a permit job card following payment confirmation
Blocks noncompliant applications from receiving a permit EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use
5. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.
Please indicate your acceptance of these terms.
November 2023 Page 3 of 4
CalAPP Attachment 01
18:JYes □ No
fZ:lves □ No
�Yes □ No
�Yes □ No
�Yes □ No
IZ:J Yes □ No
APP-23-013
City of Chino
63 6. CERTIFICATION {REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Authorized Mike Heroux
Representative:
Title:
Phone Number:
E-mail Address:
Date:
Signature of
Authorized
Representative:
November 2023
Deputy Director of Development Services
(909) 334-3308
[email protected]
11/7/23
0�
NOTE: Do not overlap signature with surrounding border lines.
CalAPP Attachment 01
APP-23-013
City of Chino 64
November 2023 Page 1 of 5 APP-23-013
City of Chino
California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions
Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets.
1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.
2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:
A. Grant Funding Opportunity (GFO) 21-402.
B. Recipient’s application to CalAPP.
As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.
3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.
The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet.
c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense.
d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform. 65 November 2023 Page 2 of 5 APP-23-013
City of Chino
• Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.
4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.
5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.
The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following 66 November 2023 Page 3 of 5 APP-23-013
City of Chino
has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a).
2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:
• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations.
3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ]
In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient 67 November 2023 Page 4 of 5 APP-23-013
City of Chino
agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.
Access to Sites and Records.
9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.
10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.
11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.
12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.
14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.
15. Waiver
68 November 2023 Page 5 of 5 APP-23-013
City of Chino
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.
16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.
17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.
18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.
19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary
69 Exhibit C
CONTACT LIST
November 2023 Page 1 of 1 APP-23-013
City of Chino
California Energy Commission Recipient
Commission Agreement Manager:
Adam Van Winkle
California Energy Commission
715 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 891-9060
e-mail: [email protected]
Project Manager:
Mike Heroux
Deputy Director of Development Services
13220 Central Ave
Chino, CA 91710
Phone: (909) 334-3308
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:
Traci Rossetti-Smith
Senior Management Analyst
13220 Central Ave
Chino, CA 91710
Phone: (909) 334-3509
e-mail: [email protected]
Invoices, Progress Reports and Non-
Confidential Deliverables to:
California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:
Rob Burns
Director of Finance
13220 Central Ave
Chino, CA 91710
Phone: (909) 334- 3341
e-mail: [email protected]
Legal Notices:
Tatyana Yakshina
Grants Manager
715 P Street 3rd floor, MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:
Warren Morelion
Director of Development Services
13220 Central Ave
Chino, CA 91710
Phone: (909) 334-3332
e-mail: [email protected]
70 Certificate Of Completion
Envelope Id: 863DFEA27B584DBCBCD2475F858B0A56
Status: Sent
Subject: Complete with DocuSign: Final Packet APP-23-013 City of Chino.pdf Source Envelope:
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Certificate Pages: 5
Initials: 0
Pamela Redlew
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11493 Sunset Hills Road Suite 100
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[email protected]
IP Address: 134.186.116.118
Record Tracking
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[email protected]
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Pool: Energy Resources Conservation and
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Adrienne Winuk
[email protected]
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Electronic Record and Signature Disclosure:
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71 Envelope Summary Events
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Electronic Record and Signature Disclosure
72 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Energy Resources Conservation and Development Commission (we, us or Company) may be required by law to provide to you certain written notices or disclosures.
Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/17/2020 2:24:13 PM Parties agreed to: Mike Heroux
73 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Energy Resources Conservation and Development Commission:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise Energy Resources Conservation and Development Commission of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from Energy Resources Conservation and Development Commission
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Energy Resources Conservation and Development Commission
74 To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify Energy Resources Conservation and Development Commission as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Energy Resources Conservation and Development Commission during the course of your relationship with Energy Resources Conservation and Development Commission.
75 MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
CalHOME Program Grant Funding.
..end
RECOMMENDATION
1) Accept and approve the use of grant funds awarded by the California Department of Housing and Community Development (HCD); 2) establish a grant number G6241 and a ppropriate $600,000 to the CalHome Fund 375 with a corresponding increase in revenue; 3) approve the updated Home Improvement Program Guidelines; and 4) authorize City Manager to execute all necessary documents.
..body
FISCAL IMPACT
Requires an appropriation of expenditures and revenue of $600,000 to the CalHome Fund 375.
The appropriation is fully offset by grant revenue and there are no matching city funds required.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Revenue: 3756220-59500-G6241
Expenditure: 3756220-40010-G6241
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 76 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: CALHOME PROGRAM GRANT FUNDING.
PAGE: 2
BACKGROUND
The California Department of Housing and Community Development (HCD) provides loans and grants to local public entities and nonprofits for the following programs: homeown ership development; s elf-help technical assistance; mortgage assistance; owner-occupied rehabilitation programs; shared housing; and for the acquisition of manufactured housing for agricultural households.
On January 6, 2023 HCD announced the release of 170 million dollars through a Super NOFA to distribute funds to HCD administered programs i ncluding CalHome. Applications for funding were accepted through February 28, 2023, followed by a competitive evaluation process whereas applicants were rated and ranked in a manner consistent with CalHome program requirements.
On February 21, 2023, the C ity Council approved the submittal of an application for funding through Resolution No. 2023-010. Shortly thereafter, staff submitted an application to HCD for funding in the amount of $600,000.
The City has successfully administered over 1 million dollars in funding in the past including reuse funds collected through loan repayments. As these funds are depleted, new funding becomes essential to maintaining a positive city image through home improvement.
ISSUES/ANALYSIS
On November 2, 2023, the City received a conditional CalHome Program award notice in the amount of $600,000. The award will be finalized upon execution of the agreement with a grant term of three years. As mentioned, the City previously received and administered over 1 million dollars in CalHome funding providing assistance to 41 homeowners. This new f unding will be used to assist income-eligible homeowners with forgivable home improvement loans to rehabilitate manufactured homes.
In response to the new funding, the City’s Home Improvement Program Policy was updated to allow flexibility and discretion in loan amounts necessary to accommodate the continued escalating cost of labor and materials.
Upon accep tance of the grant funds and the approval of the revised Home Improvement Program Guidelines, staff looks forward to administering the funds as an extension to current housing programs.
Attachments: Resolution 2023-010
Conditional Award Letter
Chino Home Improvement Program Policy Updates 2023
77 RESOLUTION NO. 2023- 010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AUTHORIZING THE SUBWIITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE
EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH
FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED
DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM.
WHEREAS, the City of Chino, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the CalHome Program; and WHEREAS, the California Department of Housing, and Community Development ( hereinafter referred to as " HCD") has issued a Notice of Funding Availability (" NOFA") for the CalHome Program established by Chapter 6, ( commencing with § 50650) of Part 2 of Division 31, Health and Safety Code ( H. S. C.), which establishes the CalHome program administered by the California Department of Housing and Community Development ( the " Department") and Chapter 2 commencing with § 54006) of part 16 of Division 31, H. S. C. HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome Program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD in April 2004; and
WHEREAS, the City of Chino wishes to submit an application to obtain from HCD an allocation of CalHome funds in the amount of $ 600, 000.
NOW, THEREFORE, BE IT RESOLVED, by the City of Chino City Council as follows;
1. The City of Chino shall submit to HCD an application for funding under the 2023 CalHome Program for the following activity:
OWNER OCCUPIED REHABILITATION PROGRAM - provides grants and low interest deferred loans to qualified very low- and low- income homeowners to complete needed repairs to their homes.
CalHome Application Funding Request: $ 600, 000. 00.
2. If the application for funding is approved, the City of Chino hereby agrees to use the CalHome funds for the eligible activities in the manner presented in the application as approved by HCD and in accordance with program regulations cited above. It also may execute any and all other instruments necessary or required by HCD for participation in the CalHome Program.
3. The City of Chino authorizes the City Manager to execute in the name of the City of Chino, the application, the Standard Agreement, and all other documents required by HCD for participation in the CalHome Program, and any amendments thereto. 78 Resolution No. 2023- 010
PASSED AND ADOPTED by the City Council of the City of Chino, California, at a regular meeting held on the 21®' day of February 2023.
CITY OF CHINO:
EUNICE M. ULLOA', MAYOR
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Natalie Gonzaga. City Clerk of the City of Chino, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of the Resolution duly adopted at a regular meeting of the City Council of the City of Chino, which was duly convened and held on the date stated thereon and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof, ATTEST:
NATALIE GONZAGA. CITY CLERK
79 Resolution No. 2023- 010
CITY OF CHINO )
COUNTY OF SAN BERNARDINO ) §
STATE OF CALIFORNIA )
I , Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting held on the 21®^ day of February 2023 by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
LUCIO, FLORES, BURTON. COMSTOCK. ULLOA
NONE
NONE
NATALIE GDNZAGA, CITY CLERK
80 81
82 83
84 85
CITY OF CHINO
Home Improvement Program
Program Guidelines
City of Chino
Development Services Department
Housing Division
13220 Central Avenue
Chino, CA 91710
Phone: (909) 334-3272
Website: www.cityofchino.org
January 2023
86 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
TABLE OF CONTENTS
TABLE OF CONTENTS
I. BACKGROUND ................................ ................................ ................................ .............. 1 II. PROGRAM OBJECTIVES ................................ ................................ ............................... 1 III. APPROVAL OF PROGRAM AGREEMENTS ................................ ................................ .. 1 IV. HOME IMPROVEMENT PROGRAMS ................................ ................................ ............. 1 V. ELIGIBILITY CRITERIA ................................ ................................ ................................ .. 3 A. Homeowner Eligibility Requirements ..................................................................................................... 3 B. Property Eligibility Requirements .......................................................................................................... 5 VI. ELIGIBLE AND INELIGIBLE IMPROVEMENTS ................................ ............................. 7 A. General Requirements ............................................................................................................................ 7 B. Priority Improvements ............................................................................................................................ 7 C. Eligible Improvements ............................................................................................................................ 7 D. Ineligible Improvements ......................................................................................................................... 9 VII. ELIGIBLE/INELIGIBLE COSTS ................................ ................................ .....................10 A. Eligible Costs ....................................................................................................................................... 10 B. Ineligible Costs ..................................................................................................................................... 10 VIII. PROCUREMENT PROCEDURES AND REQUIREMENTS ................................ ............10 IX. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE ................................ ..........10 A. Maintenance/Occupancy Requirements ............................................................................................... 10 B. Hazard Insurance ................................................................................................................................. 10 C. Nondiscrimination ................................................................................................................................ 10 D. Compliance with Program Policies and Procedures ........................................................................... 11 X. PROGRAM AMENDMENT PROCEDURES ................................ ................................ ...11
87 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
PAGE 1 OF 11
I. BACKGROUND
The City of Chino administers home improvement programs to preserve and enhance the City’s housing stock and residential neighborhoods through utilization of federal, state, and local funding sources made available through the U.S. Department of Housing and Urban Development (HUD), Housing and Community Development (HCD), and the City’s Affordable Housing Funds.
The City’s Program is designed to provide financial assistance to eligible owner-occupied homeowners in need of repairs and improvements l ocated within the city limits . The Program provides assistance in the form of deferred payment loans and grants. Loans may be in a senior or subordinate lien position. The origination and servicing of the Home Improvement Program loans will be administered by the city.
II. PROGRAM OBJECTIVES
As part of its ongoing housing and community development efforts, the City has established a comprehensive Home Improvement Program. The goals and objectives are as follows:
A. Preserve and enhance the City’s existing housing stock; and B. Provide safe, properly maintained, affordable housing for persons/ families of very low, low- and moderate incomes.
III. APPROVAL OF PROGRAM AGREEMENTS
In adopting this Program Policy, and consistent with the provisions of Chapter 2.08.070 of the Chino Municipal Code, the City Council authorizes the City Manager to prepare and execute Program documents, including but not limited to grant and loan agreements, as needed to implement the Home Improvement Program and achieve the stated objectives of this Program Policy.
IV. HOME IMPROVEMENT PROGRAMS
The Home Improvement Program offers a variety of financing programs (e.g., grants and low-interest loans) designed to assist very low, low - and moderate-income homeowners with making needed repairs and improvements to their homes. Eligible homeowners may receive assistance under multiple programs. Participation in the City’s Home Improvement Programs is subject to the requirements of this Program Policy.
Funding: Grant and loan amount up to a maximum of $60,000 at the discretion of the City depending upon an assessment conducted by city and county inspections for health and safety issues, code violations and/or emergency circumstances. Programs are subject to the availability of funding and in some cases, funding source maximum loan guidelines.
Location: Citywide
Fees: None
88 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
PAGE 2 OF 11
1. Home Improvement Grant Program-Single Family/Mobile Homes Target Income Group: 80% of area median family income (MFI) 120% of area median family Income (MFI), if
code referral
Security: None*
Funding Source: City Affordable Housing, CDBG
Availability: Once every three years. Exceptions are made at the discretion of the city to address health and safety
risks.
2. Healthy Homes Grant Program-Single Family/Mobile Homes Target Income Group: 80% of area median family income (MFI) Security: None*
Funding Source: CDBG
Availability: Once every three years. Exceptions are made at the discretion of the city t o address health and safety
risks.
Special Requirements: Seniors 62 years of age or older, or disabled persons regardless of age.
3. Low Interest Deferred Payment Loan Program-Single Family Homes Target Income Group: 80% of area median family income (MFI) 120% of area median family income (MFI)
Security: Deed of Trust/ Promissory Note
Funding Source: City Affordable Housing Funds or other federal or state funding.
Loan Rate and Term: 3% simple interest / ten (10) years or the amount of time remaining on the primary mortgage, whichever
is greater. Additional 5-year deferrals are available at the discretion of City if 1) the primary homeowner
is 62 years of age or older; or 2) the household’s
income is at or below 100% of the countywide
median family income.
Note: In some cases, different interest rates and/or
loan terms may apply depending on the regulations
established by the funding agency.
89 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
PAGE 3 OF 11
Availability: Once every ten (10) years. However, the principal balance of all outstanding Home Improvement
Program loan s may not exceed the maximum
approved loan amount.
4. Low Interest Deferred Payment or Forgivable Loan Program -CalHome- Mobile Homes
Target Income Group: 80% of area median family income (MFI) Security: HCD Lien / Promissory Note
Funding Source: HCD CalHome Program
Loan Terms: For mobile homes, the Program offers 0% interest for a 20-year term, with the principal to be forgiven
annually at a rate of 10% per year beyond the 10th
year that the home is continuously occupied by the
borrower.
Note: In some cases, different loan limits, interest
rates and/or loan terms may apply depending on the
regulations established by the funding agency.
Availability: Once every 20 years. However, the principal balance of all outstanding Home Improvement
Program loans may not exceed the loan amount.
V. ELIGIBILITY CRITERIA
A. Homeowner Eligibility Requirements
To be eligible for consideration for assistance under the Home Improvement Program, the applicant must meet all the following eligibility criteria:
1. Household Income and Size
All applicants must certify that they meet the household income eligibility requirements for the Program and have their household income documented.
The income limits in place at the time of approval will apply when determining applicant income eligibility. All CalHome Loan, or CDBG funded applicants must have annual incomes at or below 80 percent of San Bernardino County’s area median income, adjusted for household size, as published by HUD and HCD each year (the links to the official sites, HCD maintain ed, income limits are:
www.hcd.ca.gov and www.hud.gov. Loans or grants may be approved for Applicants with incomes up to 120% of County Area Median if other funding is available for these qualified income levels. The following definitions will be used:
Household: One or more persons who occupy a housing unit.
Annual Income: The gross amount of income of all adult household members that is anticipated to be received during the coming 12 -month period. The 90 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
PAGE 4 OF 11
household's projected income must be used, rather than past earnings, when calculating income. The income verification may not be more than six months old at the time of loan funding (not at the time of loan approval). If the applicant was previously qualified for the program and more than six months have lapsed, then the applicant must be re-qualified.
Household Size: Excludes household members who are foster children, unborn children, and children being pursued for legal custody or adoption who are not currently living with the household. A child who is subject to a shared custody agreement, in which the child resides with the household at least 50 percent of the time, can be counted.
2. Liquid Assets
Total household liquid assets may not exceed $25,000. Liquid assets include all funds held in savings, checking, money market, brokerage , and trust accounts.
Assets held in Individual Retirement Accounts (IRA’s), 401(k) and other qualified deferred compensation retirement accounts, and whole life and whole life derivative insurance policies shall not be considered liquid for the purposes of this program provided that no holder of said accounts is greater than sixty-two years of age. If one or more accoun t holders exce ed sixty-two years of age, assets held in the above-mentioned types of accounts would be considered liquid.
If one or more account holder exceeds sixty-two years of age and the gross household income (not adjusted for business losses) is less than or equal to 30% of the San Bernardino County median income adjusted for family size, the liquid asset limitation shall be $100,000.
1. For CalHome Program loan applicants when a household has household assets over $5,000 in gross income, gross income should include the greater of: Actual amount of income, if any, derived from all the household’s assets.
2. Two percent (Passbook rate) of the value of all such assets.
If the assets are less than $5,000, then no income is counted from assets. If the assets are $5,000 or greater, count the income from all assets. Note: It is income from the assets that is counted, not the value of the assets. If there is no regular income from the assets, the income is imputed to be 2.0%.
CalHome does not have a requirement to spend down the borrower’s assets to qualify for a CalHome funded loan. Nor does it set a maximum amount of reserve funds.
Household assets include checking, savings, and money market accounts, stocks, bonds, and other forms of capital investments. For checking accounts use the average 3-month balance. Retirement accounts are not counted as assets for income for CalHome Income verification, if they are not accessible to the applicant without retiring or terminating employment.
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The value of equity in real property, value of gems, art collections, etc. , is not considered to be in the asset base because the value fluctuates until sold.
However, income from property must be separately considered. The value of necessary items such as furniture and automobiles shall be excluded. A worksheet provided by the CalHome Program will be utilized for applicant loan files to document any exceptions or exclusions from the asset base.
3. Ownership of Real Property Other Than Primary Residence Ownership of residential rental property or other residential real estate holdings other than the household’s primary residence is prohibited.
B. Property Eligibility Requirements
Following determination of homeowner eligibility pursuant to the requirements of Section V.A., the owner must demonstrate property eligibility. To be eligible to receive Program assistance, the real property in question must meet each of the requirements set forth below:
1. Location and Type of Property
The property must be a single -family residence (e.g., condominium, townhouse, detached single-family home, or mobile home) located within the city limits of the City of Chino.
2. Condition
The property must need the following type of repairs: 1) correct existing nonconforming development standards, 2 ) correct existing nonconforming local and/or state code requirements, 3) correct existing local and/or state code violation, 4) protection of the structural integrity of the property, 5) refurbishment of exterior and/or interior improvements, or 6) aid for the mobility of the physically disabled and/or elderly. With the p receding met then, 7) promote neighborhood improvements and 8) energy efficiency improvements. All repairs must qualify as eligible improvements as defined in Section V of this Program Policy.
3. Ownership and Owner-Occupancy Requirements
Owner-Occupancy: All title information will be verified using the County of San Bernardino Tax Assessor website and other title company websites that are available to the Housing Division Staff. Annual Occupancy Standards are also verified by contacting the homeowner a nnually to verify and certify the housing unit continues to be owner-occupied. These occupancy loan terms are incorporated in the original note and deed of trust and in the City’s Loan Servicing Plan. The Housing Division Staff implements a n annual monitoring procedure that is discussed further in th e Loan Servicing Plan under loan monitoring and servicing.
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4. Maximum After Rehabilitation Property Value and Data Source The estimated value of the property, after rehabilitation, may not exceed ninety - five percent (95%) of the median purchase price for single -family homes in the City.
If approved by CalHome funding source, the after-rehabilitation value of the home assisted with a CalHome Program loan cannot exceed 100 percent of the current median sales price of a single-family home or mobile home in the county where it is located. The Housing Division Staff will utilize comparable sales data sources, including but not limited to data published on websites, such as California Association of Realtors, Chicago Title, and/or other recent and reliable real estate data to determine the est imated After -Rehab Value of the property. Each approved loan application file will include at least three (3) comparable sale prices of properties located in the immediate neighborhood (within about 1 mile of the subject property) of homes sold within the last 6 months (within 1 year of the CalHome Assistance date).
5. Equity
The total indebtedness or amount of credit (whichever is greater) of all recorded liens, including the City’s Home Improvement Program loan (s), may not exceed ninety-five percent (95%) of the fair market value of the home after rehabilitation.
The total indebtedness or amount of credit (whichever is greater) of all recorded liens of the home assisted with CalHome funds, including the City’s Home Improvement Program loan(s), may not exceed one hundred and five percent (105%) of the after-rehabilitation value.
6. Hazard Insurance
All properties must be insured with an all -risk property insurance policy in an amount equal to the full replacement value of all structures located on the property. Furthermore, all properties located within the 100 -year floodplain that receive assistanc e under the Low -Interest Loan Program must maintain flood insurance in the amount of the value of the improvements for the term of the loan.
If a property in need of repair does not have a current all-risk property insurance policy and is unable to secure such a policy due to the presence of one or more building code violations, the Housing Manager, at his/her discretion, may waive this insurance requirement provided that the required all -risk property insurance coverage is secured immediately following the rehabilitation project.
7. Property Tax/Income Tax Delinquency or Liens
All property tax bills and assessments must be current, and the property title must be free and clear of any recorded property tax or income tax liens.
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8. Outstanding Judgments and Obligations
All outstanding mortgages recorded against the subject property must be paid current. Furthermore, there cannot be any outstanding (e.g., non-current or unpaid) liens recorded against the title of the property to be rehabilitated.
9. Front and Back End Ratios
Loans may be approved based on back and front-end debt to income ratios at the discretion of the City or funding agency to determine the borrowers’ repayment ability.
VI. ELIGIBLE AND INELIGIBLE IMPROVEMENTS
A. General Requirements
The City of Chino Home Improvement Program is desi gned to provide for the repair and/or replacement of damaged, deteriorated properties.
The following requirements apply:
1. All rehabilitation work must be completed by qualified, licensed, and insured contractors selected in accordance with Program procedures.
2. All eligible improvements must be affixed to the property.
3. Improvements requiring the replacement of materials must be of equal to or like quality based on labor or cost effectiveness.
4. Eligible improvements are subject to procurement through a competitive bid process to ensure fair material and labor costs.
B. Priority Improvements
1. Repairs to alleviate conditions that present health and/or safety risks.
2. Correction of municipal code violations.
C. Eligible Improvements
1. Abatement of Code Violations: Demolition, construction, rehabilitation, and/or replacements needed to abate violations.
2. Accessibility Modifications: Handicapped ramps, grab bars, and accessible shower enclosures; the modification of doorways, hallways, and countertop elevations; and other adaptive measures.
3. Cabinetry/Counters: Repair or replace deteriorated materials based on cost effectiveness.
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4. Deadbolt locks: Deadbolts to be installed on entry doors.
5. Demolition of Unpermitted , Deteriorated and/or Unsafe Improvements:
Includes fencing, accessory structures such as detached sheds, patio covers, laundry rooms, and workshops, and unpermitted garage conversions.
6. Doors/Windows: Repair and /or replace damaged windows with energy efficient options.
7. Driveways/Walkways: Driveways and walkways may only be replaced with broom-finished concrete. The use of decorative stone is not permitted.
8. Drywall/Lath and Plaster : Repair, replacement , and finishing of damaged drywall/lath and plaster necessary to match the original finish.
9. Electrical: Repair and/or upgrade of electrical system including service panels, wiring, outlets, and switches.
10. Energy conservation : Weather stripping, water heater blankets, and attic insulation and fans.
11. Fencing/Block Walls: Repair or replacement of existing wood fencing or block walls. Chain link fences may be replaced using wood or vinyl materials. Property lines will be assessed.
12. Flooring: Replacement of damaged or deteriorated flooring.
13. Garage Doors : Repair or replacement of garage doors, including the replacement of inoperable garage door openers and broken springs.
14. Hazard/Flood Insurance: Payment for the first year of hazard insurance if the property is not deemed ineligible by the insurance company due to risk.
15. HVAC Systems and related testing: Installation and testing of HVAC system to repair or replace inoperative system components.
16. Kitchen Appliances: Repair or replacement of damaged or inoperable stoves, ovens, and dishwashers with energy efficient appliances.
17. Landscaping: Provide landscaping for deteriorated yards which will include installation of automated irrigation system s to help sustain Municipal Code requirements.
18. Overgrown/Dead Vegetation: Trimming and/or the removal of overgrown or dead vegetation and that with a root system that is resulting in structural damage.
19. Painting (exterior): Exterior painting to improve conditions is eligible.
20. Painting (interior): Complete painting of the interior of the home is eligible. 95 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
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21. Termite/Pest Control: Eradication of insect infestations and necessary repairs to correct damages.
22. Plastering, siding, and stucco: Repairs including patching, filling or localized replacement to damaged plaster, stucco or siding.
23. Plumbing/Sewer Pipes and Fixtures : Repair or replacement of leaking or damaged water/sewer pipes and related fixtures.
24. Property Clean -up: Removal of overgrown vegetation , trash, and debris located within public view or that deemed a fire hazard. May also include the removal of excessive debris/trash from the inside to assist a resident that is physically incapable of doing so themselves.
25. Rain Gutters: Repair or replacement of failing rain gutters.
26. Roofing: Complete repair or replacement of deteriorated or damaged roofing using materials of like quality, with the exception of wood shake in which case tile may be used.
27. Room Additions : Room additions/expansions to mitigate o vercrowded conditions.
28. Seismic Retrofitting (mobile homes only): Repair, modification, replacement, or installation of earthquake straps and/or other seismic retrofitting devices.
29. Smoke Detectors and Carbon Monoxide De tector: Installation of s moke detectors and carbon monoxide detectors per Code.
30. Structural Repairs/Modifications : Structural repairs/modifications are permitted to correct existing structural deficiencies and to provide accessibility.
31. Wallpaper/Wall Tile : Repair or replacement of damaged wallpaper and /or missing ceramic tiles.
32. Water Heaters: Repair or replacement of inoperable water heaters including safety and energy efficient measures per building code.
D. Ineligible Improvements
Ineligible improvements include the repair or replacement of any interior or exterior home furnishings or accessories not permanently affixed to the housing stock. Exceptions can be made at the discretion of the City’s Housing Division. 96 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
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VII. ELIGIBLE/INELIGIBLE COSTS
A. Eligible Costs
1. Labor and materials.
2. Building permits.
3. Professional service f ees including credit reports, property appraisals, title reports, recording fees and lead/asbestos testing and abatement.
4. Relocation/housing expenses when deemed n ecessary due to substandard conditions, pest extermination or hazardous materials abatement.
5. Replacement of appliances as deemed necessary for health, safety, and energy efficiency.
B. Ineligible Costs
1. Purchase, installation or repair of interior or exterior home furnishings.
2. Compensation/reimbursement of owner’s personal labor or purchase of materials, or any labor not performed by the licensed contractor.
VIII. PROCUREMENT PROCEDURES AND REQUIREMENTS
The City is not party to the construction contract (s) between participating homeowners and the contractors . However, the City ensures that all f inancing provided is used in a cost-effective manner by overseeing the procurement process through competitive pricing, bid selection and final bid approvals/selection of a licensed and insured contractor.
IX. TERMS AND CONDITIONS OF PROGRAM ASSISTANCE
A. Maintenance/Occupancy Requirements
Assisted properties shall be maintained in compliance with all City of Chino Municipal Codes, ordinances, and laws, remain owner-occupied, and maintain occupancy limitations.
B. Hazard Insurance
Loan recipients must maintain an all-risk property insurance policy naming the City of Chino as an additionally insured/loss payee.
C. Nondiscrimination
There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the selection of contractors or subcontractors to complete the 97 CITY OF CHINO HOME IMPROVEMENT PROGRAM POLICY
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rehabilitation work financed with Program assistance, or in the sale, leasing, transfer, use, occupancy, tenure, or enjoyment of assisted properties.
D. Compliance with Program Policies and Procedures
Program participants shall comply with all Program requirements and procedures as outlined in these Policies and Procedures, as required by the Housing Division Staff, and as outlined in Grant and Loan agreements.
X. PROGRAM AMENDMENT PROCEDURES
All amendments to the City of Chino Home Improvement Program Policy must be approved by the City of Chino City Council.
98 MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Maintenance Agreement In-N-Out Burgers - Site Approval PL7-0044. ..end
RECOMMENDATION
Approve a maintenance agreement with In -N-Out Burgers, a California corporation for Site Approval PL17 -0044 for the continued operation and maintenance of perimeter streetlights, common area landscaping, and parkway areas; and authorize the City manager to execute all documents on behalf of the City.
..body
FISCAL IMPACT
There is no direct fiscal impact to the City. Maintenance costs are completely offset by the development.
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
Revenue: Click or tap here to enter text.
Expenditure:
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 99 CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: MAINTENANCE AGREEMENT IN-N-OUT BURGERS - SITE APPROVAL PL7-0044.
PAGE: 2
BACKGROUND
Tentative Parcel Map 19756 and Master Site Approval, as presented by Richland Ventures, Inc. (“Richland”) consists of a 1.2 million-square-foot light industrial business center located on
72.77 acres of land within the Airport Related land -use designation of The Preserve Specific Plan. This project is generally located in The Preserve on the east and west sides of Quality Way, between Kimball and Bickmore Avenues. This project was conditionally approved by the Planning Commission on October 7, 2019. In addition, the Planning Commission approved two separate Site Approvals and Special Conditional Use Permits for three buildings o n the east side of Quality Way and three buildings on the west side of Quality Way.
In-N-Out Burgers (“Owner”) acquired a portion of the property within the Master Site Approval at the southwest corner of Quality Way and Kimball Avenues. The Owner submitted applications to the City to modify the previously approved Site Approval PL17 -0044 and Special Conditional Use Permit for the buildings on the west side of Quality Way to accommodate a processing and distribution facility. These applications included a new site design and architectural theme, consistent with the In -N-Out Burgers brand, which was approved by the Planning Commission on March 16, 2020.
As part of the Conditions of Approval, the Owner is responsible for the continued operation and maintenance of the perimeter streetlights, sidewalk, common area landscaping, and parkway in the Public Right of Way (“PROW”). Per the requirements of The Preserve Specific Plan and City Council policy, the project is required to establish an association for the continued operation and maintenance of said public improvements.
ISSUES/ANALYSIS
City staff and In-N-Out Burgers worked together to prepare a Maintenance Agreement, attached as Exhibit A, which defines the roles and responsibilities for the ongoing maintenance and repair of the following public facilities:
Improvement Description
1. Dry Utilities Electrical conduit, connection lines, and transmission equipment for use by Owner facilities.
2. Irrigation Improvements Irrigation lines, conveyance piping, sprinkler, drop lines, irrigation pumps.
3. Landscaping All L andscaping (grass, shrubs, plantings, and mulch) within the PROW along the project’s frontage.
4. Private Thoroughfares All private roadway crossings over PROW
5. Sidewalks All pedestrian sidewalks.
6. Signs All public signs.
Note: the monument sign and its adjacent irrigation /
landscape located on the southwest corner of Kimball Avenue and Quality Way will be maintained by the future association formed under the Covenants, Conditions, and Restrictions (CC&Rs) for the Altitude Business Center.
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CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: MAINTENANCE AGREEMENT IN-N-OUT BURGERS - SITE APPROVAL PL7-0044.
PAGE: 3
7. Streetlights All streetlights in the PROW and on the Owner’s property.
8. Wet Utilities Sewer and water laterals on the Owner’s property that cross from Quality Way through PROW.
Additionally, the City requested the westernmost median on Kimball Avenue fronting the AM/PM commercial property and McBride’s RV Storage to be landscaped either by Richland or In -N- Out Burgers. Richland indicated that they are amenable to adding the landscaping to its scope of work, which is above and beyond the original Condition of Approval for the Master Site Approval. Costs associated with the additional work are reimbursable through the de velopment impact fee program; therefore, Richland would receive an immediate reimbursement for these improvements upon final acceptance by the City Council. The ongoing maintenance of the median would be the responsibility of the association formed under t he future CC&Rs for the Altitude Business Center.
The maintenance agreement has been reviewed and approved by the City Attorney. Therefore, it is the staff’s recommendation to the City Council to approve the maintenance agreement with In-N-Out Burgers, a California corporation.
Attachment:
Exhibit A - Maintenance Agreement
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 1 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 2 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 3 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 4 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 5 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 6 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 7 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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IN-N-OUT CHINO DISTRIBUTIONKIMBALL & QUALITY WAYCHINO, CAMAINTENANCE EXHIBIT (SHEET 8 OF 8)INO10MRBMAS10/19/2023Checked By:Project No:Drawn By:Date:5500 GREENWOOD PLAZA BLVD, SUITE 200GREENWOOD VILLAGE, CO 80111303.770.8884 •GallowayUS.com SCALE: 1"=40'02040
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MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Notice of Completion – Monte Vista Park Improvement Project – PK183. ..end
RECOMMENDATION
1) Accept the Monte Vista Park Improvement Project (PK183), with Los Angeles Engineering Inc., Covina, CA, Contract No. 2023-156, as complete; 2) authorize the Director of Public Works to file the Notice of Completion; and 3) authorize the release of the retention funds following the 35-day lien period.
..body
FISCAL IMPACT
The project was completed within the City Council approved budget.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Responsible Long-Range Planning
Revenue: Click or tap here to enter text.
Expenditure: 3207100 – 48005 | 48009
3408300 – 48005 | 48009
3508030 – 48005 | 48009
6102050 - 48005
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 135
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: NOTICE OF COMPLETION - MONTE VISTA PARK IMPROVEMENT PROJECT - PK183.
PAGE: 2
BACKGROUND
On October 18, 2022, City Council awarded a construction contract to Los Angeles Engineering, Inc., Covina, CA in the amount of $1,282,500 for the Monte Vista Park Improvement Project (PK183). Additionally, the City Council authorized expenditures of up to $128,250 for project contingencies, bringing the construction contract budget to an amount not -to-exceed $1,410,750.
All the park improvements have been constructed. The location of the street improvements constructed as a part of this project are as listed below:
Intersection of Monte Vista and D Street
ISSUES/ANALYSIS
All work has been completed per the terms of the construction contract 2023-156. The scope of work included accessible pedestrian improvements to the intersection of Monte Vista Avenue at D Street. New bulb-out ramps now cross Monte Vista Avenue with a new advanced pedestrian - activated flashing beacon system. Fiber optic communication was also installed from City Hall to Monte Vista Park, the Neighborhood Activity Center, and the Chino Y outh Museum. The completed work improves pedestrian accessibility and safety and enhances technology connectivity to these city Facilities. The following is a summary of the final accounting of costs for construction:
Project PK 183 Contract Contingency
Original Contract & Contingency $1,282,500.00 $128,250.00 Change Order No. 1 ($33,134.42)
Change Order No. 2 $43,731.00 ($43,731.00)
Change Order No. 3 $47,137.00 ($47,137.00)
Final Contract & Contingency $1,340,233.58 $37,382.00
Los Angeles Engineering, Inc., Covina, CA, has complied with the terms of the contract. A Notice of Completion has been prepared for filing with the San Bernardino County Recorder's Office. The retention funds will be released following the 35-day lien period.
Attachment: Notice of Completion – Los Angeles Engineering, Inc. (PK 183) Before and After Photos of Project Area
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RECORDING REQUESTED BY
City of Chino
Public Works Department
P.O. Box 667
Chino, CA 91708
AND WHEN RECORDED MAIL TO
City Clerk
City of Chino
P.O. Box 667
Chino, CA 91708-0667
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF COMPLETION
CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Chino
3. The full address of the undersigned is 13220 Central Avenue, Chino, CA 91710
4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:
Names Addresses
N/A
N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
N/A
N/A
(If no transfer made, insert “none”)
7. A work of improvement on the property hereinafter described was completed on December 20, 2023
8. The name of the contractor, if any, for such work of improvement was:
Los Angeles Engineering, Inc., Covina, CA
(If no contractor for work of improvement as a whole, insert “none”)
9. The property on which said work of improvement was completed is in the City of Chino, County of San Bernardino, State of California, and is described as follows:
Intersection of Monte Vista and D Street
10. The street address of said property is N/A
(If no street address has been officially assigned, insert “none”)
SIGNATURE OF OWNER NAMED IN PARAGRAPH 2: DATE: January 16, 2024 Hye Jin Lee, Public Works Director
CERTIFICATION FOR NOTICE OF COMPLETION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )ss
CITY OF CHINO )
I HEREBY CERTIFY that I am the Director of Public Works for the City of Chino. I have read the foregoing Notice of Completion and know the contents thereof; and I certify that the same is true of my own knowledge.
I declare under penalty of perjury, that the foregoing is true and correct. Executed on January 16, 2024, at City of Chino, California
Hye Jin Lee
Director of Public Works
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MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Lennar Homes Settlement Agreement Second Addendum.
..end
RECOMMENDATION
Approve Addendum No. 2 to the Settlement Agreement with Lennar Homes for required improvements in the City of Chino per the Americans with Disabilities Act and California Law. ..body
FISCAL IMPACT
The DIF Fund 260 balance will increase by $553,500.
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
Financial Stability
Responsible Long-Range Planning
Public Service Excellence through Internal and External Partnerships
Revenue: 2607005-56520
Expenditure:
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 140
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: LENNAR HOMES SETTLEMENT AGREEMENT SECOND ADDENDUM.
PAGE: 2
BACKGROUND
The City Attorney’s office and City staff engaged in settlement negotiations with Lennar Homes for several tracts in the City of Chino that have accessible elements under the Americans with Disabilities Act and California law. The disputes focus on prior City appro vals for construction - some as early as the mid-2000’s through 2020. During this time, the City became more focused on ensuring street improvements met or exceeded accessibility requirements, which led the City to not accept improvements in tracts where imp rovements had been previously constructed.
Following extensive negotiations, the City and the Developer reached a conceptual agreement on the terms of the settlement of those disputes per the terms of the attached Settlement Agreement (Exhibit A).
On January 17, 2023, the City Council approved Addendum No. 1 to the settlement agreement with Lennar Homes for required public improvements in the City of Chino per the Americans with Disabilities Act and California Law. The a ddendum includes additional requirements to be completed by Lennar Homes, specifically the public improvements at the northeast corner of Eucalyptus and Fern Avenues including curb ramp, sidewalk, multi -purpose trail, and parkway landscape; and the enhanced street crossings at the Eucalyptu s and Fern Avenues intersection to be constructed in-lieu of a proposed traffic signal.
ISSUES/ANALYSIS
Based upon instructions from the City Council regarding the development of the intersection at Eucalyptus and Fern Avenues, and after further discussi on between the City and Lennar Homes, the outstanding intersection improvements will be completed by the City and primarily funded by Lennar Homes, which necessitates another a ddendum to the Settlement Agreement to formalize this change. The parties have a greed that Lennar Homes will pay the sum $553,500 to the City towards the construction of the proposed traffic signal and street improvements at the subject intersection, which are estimated to cost $600,000. The funds will be deposited into the DIF Fund 2 60-Preserve Bridges-Signals -Thoroughfare. The City plans to put the project out to bid this month.
Addendum No. 2 also formalizes a revised quantity of sidewalk and curb ramps referenced in K- 2 and M of the Settlement Agreement to reflect a reduction for sidewalks and ramps located in private property areas within the Tract Map No. 18972 residential community for which no additional work will be performed by the City. The payments due to the City per Exhibits K-2 and M of the Settlement Agreement are accordingly decreased from $228,788.56 to $31,647.28.
Attachment:
Exhibit A – Settlement Agreement Addendum No. 2
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CITY OF CHINO, CITY COUNCIL
By:
Eunice M. Ulloa, Mayorlyor
Dated:
ATTEST:
By:
Natalie Gonzaga, City Clerk
Dated:
APPROVED AS TO FORM;
ALESHIRE & WYNDER, LLP
COUNSEL FOR CITY OF CHINO
SIGNED IN COUNTERPART
By:
Fred Gallante, City Attorney
Dated:
18 162
DocuSign Envelope ID: 2ADE49BA-F986-4B03-AD79-500689EE6563
CITY OF CHINO, CITY COUNCIL
_r A
Eunfce M. IJlioa, Mayor
Dated:
ATTEST:
By:
Natalie Gonzaga, City Clerk
Dated:,
APPROVED AS TO FORM:
ALESHIRE&WYNDER, LLP
COUNSEL FOR CITY OF CHINO
y-^DocuSianed by:
y* i^.i iTD0r0C«E9O8r«QD-
Fred Gallante, City Attorney
Dated: 1/^4/2023
18 163
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8.4.a
Approval of Addendum No. 1 to Settlement Agreement with Packet Pg. 20
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CITY OF CHINO, CITY COUNCIL
By:
Eunice M. Ulloa, Mayor
Dated: ___________ _
ATTEST:
By:
Dated:
Natalie Gonzaga, City Clerk
------------
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
COUNSEL FOR CITY OF CHINO
By:
Fred Gallante, City Attorney
Dated: -----------
8.4.a
Approval of Addendum No. 1 to Settlement Agreement with Packet Pg. 21179
8.4.a
Approval of Addendum No. 1 to Settlement Agreement with Packet Pg. 22
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MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Eucalyptus Business Park Specific Plan (EBPSP) Amendment (PL23-0057).
..end
RECOMMENDATION
..recommendation
Conduct a public hearing and approve the Introduction of Ordinance No. 2024 -001, adopting PL23-0057 Eucalyptus Business Park Specific Plan Amendment to allow community education for minors as a conditionally permitted use in the Commercial Office (C/O) lan d use designation and to establish the required off-street parking requirements, to be read by number and title only and waive further reading of the Ordinance.
ORDINANCE NO. 2024 -001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN
TO ALLOW FOR COMMUNITY EDUCATION FOR MINORS TO BE A CONDITIONALLY
PERMITTED USE WITHIN THE COMMERCIAL OFFICE (C/O) LAND USE DESIGNATION
AND TO ESTABLISH OFF -STREET PARKING REQUIREMENTS FOR COMMUNITY EDUCATION FOR MINORS. PL23 -0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).
..body
FISCAL IMPACT
The proposed amendment to the Eucalyptus Business Park Specific Plan to allow community education for minors as a conditionally permitted use and to est ablish the required off -street parking requirements for the use would result in one-time revenues in the form of Development Impact Fees if projects are developed.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Revenue:
Expenditure:
Transfer In: Transfer Out:
181
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: EUCALYPTUS BUSINESS PARK SPECIFIC PLAN (EBPSP) AMENDMENT (PL23 - 0057).
PAGE: 2
BACKGROUND
An application was submitted by Heights Christian School (HCS) in March 2023 to amend the Eucalyptus Business Park Specific Plan (EBPSP). The EBPSP Amendment (PL23 -0057) includes a request to allow community education for minors as a conditionally permitted use in the Commercial Office (C/O) land use designation and to establish the required off -street parking requirements for this type of school use. In addition, HCS also submitted PL23-0058 for a Special Conditional Use Permit (SCUP) concurrently with the EBPSP Amendment to establish a private school in an existing 14,172 square foot building on the existing Verve City Church campus located at 14670 Ramona Avenue. On November 15, 2023, t he Planning Commission recommended approval of the EBPSP Amendment ( PL23-0057) and approved the SCUP (PL23-0058) to establish the proposed school ( 6-0 vote), contingent on the approval of the EBPSP Amendment by the City Council (Planning Commission Staff Report attached as Exhibit “A”).
ISSUES/ANALYSIS
The EBPSP classifies school uses into two categories: 1) community education for adults; or 2) community education for minors. Currently, the EBPSP allows community education for adults in t he Business Park (BP), Commercial (C) and C/O land use designations, with an Administrative Approval. Community education for minors is only permitted in the C land use designation subject to an approval of a SCUP. The City’s Zoning Code conditionally perm its schools regardless of age in the Commercial General (CG) and Commercial Office (CO) zoning districts, which is equivalent to the C and C/O land use designations of the EBPSP . The proposed EBPSP Amendment would allow community education for minors in the C/O land use designation with the approval of a SCUP and is consistent with how the use is permitted elsewhere in the City. An amendment to the off -street parking requirements of the EBPSP is also proposed to establish off -street parking requirements for this type of school use. The proposed parking standard would require two parking spaces per classroom, consistent with the off-street parking requirements for elementary and secondary schools in the City’s Zoning Code.
PUBLIC NOTICING
A notice was published in the Chino Champion on January 6, 2024 , and the City sent information out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.
ENVIRONMENTAL REVIEW
The EBPSP Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption.
Attachment: Exhibit “A” – November 15, 2023 Planning Commission Staff Report Ordinance 2024-001
182
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
PLANNING COMMISSION MEETING DATE: NOVEMBER 15, 2023
..titl e
PL23-0057 (Eucalyptus Business Park Specific Plan Amendment) and PL23-0058 (Special Conditional Use Permit)
..end
LOCATION MAP
38183
PLANNING COMMISSION MEETING DATE: NOVEMBER 15, 2023
TITLE: PL23-0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT) AND PL23-0058 (SPECIAL CONDITIONAL USE PERMIT)
PAGE: 2
PROJECT NO.: PL23-0057 (Eucalyptus Business Park Specific Plan Amendment) and PL23-0058 (Special Conditional Use Permit)
APPLICANT: Heights Christian School
REQUEST: A request to amend the Eucalyptus Business Park Specific Plan (EBPSP) Land Use Matrix to allow community education for minors as a conditionally permitted use within the Commercial Office (C /O) land use designation, and a request for approval of a Special Conditional Use Permit (SCUP) for the operation of a 14,172 square foot Heights Christian School located within the C /O land use designation of the EBPSP, pending approval of the amendment to the EBPSP.
LOCATION: 14670 Ramona Avenue (APN 1025-092-02)
RECOMMENDATION
..recommendation
1) Adopt Planning Commission Resolution No. PC2023 -027, recommending the City Council approve PL23 -0057 (Eucalyptus Business Park Specific Plan Amendment) ; and 2) Adopt Planning Commission Resolution No. PC2023-0028, approving PL23-0058 (Special Conditional Use Permit), based upon the findings and subject to the departmental conditions of approval, pending approval of the amendment to the EBPSP by the City Council. ..body
SURROUNDING ZONING AND LAND USE:
Existing Land Use General Plan Zoning District
Project Site - Church Commercial Office
(C/O)
Eucalyptus Business
Park Specific Plan
North - Flood Channel,
Church, Industrial
Commercial (C),
Business Park (BP),
Manufacturing (M)
Eucalyptus Business
Park Specific Plan
East - Shopping Center Commercial (C) Eucalyptus Business Park Specific Plan
South - Hotel, Creative Bus,
Office
Commercial Office
(C/O)
Eucalyptus Business
Park Specific Plan
West - 71 Freeway 71 Freeway 71 Freeway
BACKGROUND
The applicant, Heights Christian School (HCS), has acquired the property at 14670 Ramona Avenue (formerly Inland Hills Church) and currently operates a daycare facility out of Building B on the project site . HCS is now requesting to expand by establishing a private school for children in transitional kindergarten (TK) through 8th grade within an existing 14,172 square foot building on the property. The property is located in the Commercial Office (C/O) land use designation of the Eucalyptus Business Park Specific Plan (EBPSP). The EBPSP classifies schools as community education and currently does not allow community education for minors in the C/O land use designation . The applicant submitted applications to amend the EBPSP to allow community education for minors as a conditionally permitted land use within the C/O land 39184
PLANNING COMMISSION MEETING DATE: NOVEMBER 15, 2023
TITLE: PL23-0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT) AND PL23-0058 (SPECIAL CONDITIONAL USE PERMIT)
PAGE: 3
use designation of the EBPSP and a Special Conditional Use Permit (SCUP) to establish the private school at the site.
ISSUES/ANALYSIS
Specific Plan Amendment
The EBPSP classifie s school uses into two categories : 1) community education for adults; or 2) community education for minors. Currently, the EBPSP allows community education for adults in the Business Park (BP), Commercial (C) and C/O land use designations, with an Administrative Approval. Community education for minors is only permitted in the C land use designation subject to a Special Conditional Use Permit (SCUP) . The City’s Zoning Code conditionally permits schools regardless of age in the Commercial General (CG) and Commercial Office (C/O), which is equivalent to the C and C/O land use designations of the EBPSP. The proposed EBPSP amendment would allow community education for minors in the C/O land use designation of the EBPSP with the approval of a SCUP and is consistent with how the use is permitted elsewhere in the City. An amendment to the off-street parking requirements of the EBPSP is also proposed to establish off-street parking requirements for this school use.
The proposed parking standard would require two parking spaces per classroom, consistent with the off -street parking requirements for elementary and secondary schools in the City’s Zoning Code. In an effort to establish the HCS in a timely manner, the applicant has sub mitted the related SCUP concurrently with the EBPSP amendment. Approval of the SCUP is contingent upon the final approval of the EBPSP amendment by the City Council.
Special Conditional Use Permit
HCS is a private school system that has a total of seven campuses operating throughout Southern California , with their first school established in 1981 in the City of Brea . HCS is proposing to occupy a 14,172 square foot existing building (Building C) on an existing campus that also includes Verve City Church. HC S will provide daycare and classes for children in TK through 8th grade, with a maximum enrollment of 450 students. School hours are from 8:00 a.m. to 3:00 p.m. with daycare services offered in the morning starting at 6:30 a.m. and afterschool until 6:00 p.m., Monday through Friday, throughout the school year (see attached Exhibit “A”). A summer program will be offered with the same days and hours of operation with approximately 125 students in attendance. Verve City Church is also located on the site and will remain , occupying Building A. HCS operates opposite hours of the church with no conflict anticipated between the two uses.
Primary access is provided to the site by an existing driveway on Ramona Avenue. Parents will be directed to drop off and pick up their children by following the drive aisle from Ramona Avenue and proceed west. The drive aisle turns left, and a drop off area is designated just outside the school building (see Exhibit “B”). Circulation is d esigned to be one-way to minimize conflicts between vehicles and students . During drop off and pick up, HCS staff will monitor students and traffic to ensure student safety. Once parents have safely picked up their child, they can then proceed to exit th e campus either onto Corporate Center Drive or Ramona Avenue. In addition, the City Transportation Engineer has reviewed the school’s proposed operation and determined there will be no traffic impacts to the roadways and the queuing of cars will be contained on-site.
Parking
The total required parking is based on the existing and proposed uses on the project site. The existing church requires 150 parking spaces, the existing daycare requires 15 parking spaces, 40185
PLANNING COMMISSION MEETING DATE: NOVEMBER 15, 2023
TITLE: PL23-0057 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT) AND PL23-0058 (SPECIAL CONDITIONAL USE PERMIT)
PAGE: 4
and the proposed school requir es 147 parking spaces, resulting in a total of 3 12 required parking spaces. A total of 506 parking spaces currently exists on the project site, which exceeds the required 312 parking spaces. In addition, HCS hours of operation occur 6:30 a.m. to 6 p.m., Monday through Friday, which is opposite to the hours of the church. Staff finds that there will be no parking conflicts since the provided parking exceeds the required parking and the school hours of operation are opposite of the church hours of operation.
Public Noticing
A 10-day notice was mailed to all property owners within a 300 -foot radius of the project site. In addition, a notice was published in the Chino Champion on November 4, 2023 , and the City sent information out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.
ENVIRONMENTAL REVIEW
The EBPSPA (PL23-0057) is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), Common Sense Exemption and the Heights Christian School (PL23-0058 SCUP) proposal is exempt from the provisions of CEQA pursuant to Section 15301, Existing Facilities.
Attachments:
Exhibit “A” – Schedule and School Events
Exhibit “B” – Student Drop-Off, Pick-Up, and Parking
41186
HEIGHTS CHRISTIAN SCHOOLS
Schedule and School Events
PROJECTED DAILY SCHOOL SCHEDULE
AM DAYCARE BEGINS 6:30am [30 students, 3 staff]
SCHOOL BEGINS 8:00am [240 students, 27 staff]
LUNCHES BEGIN 11:30am
SCHOOL ENDS 3:00pm
PM DAYCARE ENDS 6:00pm [30 students, 3 staff]
PROJECTED STUDENT ENROLLMENT AND STAFFING
2024‐2025 240 students grades TK‐6, 27 staff
2025‐2026 270 students grades TK‐7, 29 staff
2026‐2027 300 students grades TK‐8, 31 staff
Maximum Enrollment TK‐8 ‐ 450 students
PROJECTED SCHOOL EVENTS AND ACTIVITIES 2024‐2025
BACK TO SCHOOL
Monday, August 19, 2024 [10:00am‐2:00pm, all parents, 240 students, 27 staff]
FALL THEATRE PRODUCTION
Monday, November 11 – Saturday, November 16, 2024 [5:00pm‐9:00pm, 80 students, 10 staff]
PARENT CONFERENCES
Thursday, November 21 – Friday, November 22, 2024 [8:00am‐4:00pm, all parents, 27 staff]
CHRISTMAS CONCERT
Thursday, December 6, 2024 [5:00pm‐9:00pm, 40 students, 6 staff]
SPRING THEATRE PRODUCTION
Monday, April 7 – Saturday, April 12, 2025 [5:00pm‐9:00pm, 80 students, 10 staff]
SPRING CONCERT
Thursday, May 1, 2025 [5:00pm‐9:00pm, 40 students, 6 staff]
YEAR END CELEBRATION
Friday, May 23, 2025 [5:00pm‐8:30pm, all parents, 240 students, 27 staff]
PROJECTED 2024‐2025 SCHOOL DATES AND HOLIDAYS
SCHOOL YEAR BEGINS Tuesday, August 27, 2024
LABOR DAY HOLIDAY Monday, September 2, 2024
TEACHER INSERVICE (no students) Monday, October 7, 2024 THANKSGIVING BREAK Monday, November 25 – Friday, November 29, 2024 CHRISTMAS BREAK Monday, December 23 – Friday, January 3, 2025 MARTIN LUTHER KING JR DAY Monday, January 20, 2025
TEACHER INSERVICE (no students) Monday, February 10, 2025 PRESIDENTS DAY Monday, February 17, 2025
GOOD FRIDAY, Friday, April 18, 2025
EASTER BREAK Monday, April 21 – Friday, April 25, 2025
MEMORIAL DAY Monday, May 26, 2025
SCHOOL ENDS Tuesday, June 3, 2025
42187
HEIGHTS CHRISTIAN SCHOOLS - RAMONA CAMPUS
14670 Ramona Avenue, Chino, CA 91710
TK‐8 Student Drop Off, Pick Up, Parking & Circulation Plan
Plan Parents are discouraged from parking in order to drop off or pick up students. Even the parents of younger students will abide by this a after a short time. Daycare begins at 6:30am and ends at 6:00pm which allows parents significant flexibility for student drop off and pick up. There will be occasional need for parents to park and walk into the school office to sign in or sign out a student.
The large campus and extended driveways provide a more than sufficient que for drop off and pick up. SEE ATTACHED DIAGRAM
Circulation
Parents will enter the schoo l campus from Ramona Avenue and proceed west following the drivew ay to their right. This driveway turns le ft just past the school building and adjacent to the courtyard outside of the studio. Students will be supervised by staff as the exit vehicles for drop o ff or enter vehicles for pick up. Traffic is only in one direction and two lanes at most. Drivers then con tinue around the school building and may exit the campus on Corporate Center Drive or on Ramona Avenue. In this circula tion model there is very limited two way traffic (just at the Ramona Avenue driveway) and n o cross traffic for students to navigate. In the occasional need to park, parents can make a right turn out of the que (not crossing traffic) to enter the visitor parking.
Student Drop Off & Pick Up
Students will be supervised by staff as they are droppe d o ff by the studio courtyard.
Students will congregate in the same location and be supervised by staff for pick up.
Parent & Visitor Parking
The large parking lot across from the school office is more than adequate for the occasional parent or visitor parking. It’s completely o ff of the drop o ff and pick up circula tion and therefore does not encumber that process or create any hazards for those pulling in or out of parking spaces. Crossi ng the traffic on foot from the parking area during the drop o ff or pick up circulation is made safer by the one-way traffic.
Staff Parking
Given the abundance of parking, staff may park almost anywhere but will be encouraged to park towards the perimeters of the parking areas to facilitate parent or guest parking.
43188
HEIGHTS CHRISTIAN SCHOOLS
14670 Ramona Avenue, Chino, CA 91710
Student Drop Off, Pick Up, Parking & CirculaƟon Plan Diagram HEIGHTS CHRISTIAN SCHOOLS—RAMONA CAMPUS
Drop Off, Pick Up, Parking & CirculaƟon
Legend
Student Drop Off & Pick Up Area
C i r c u l a Ɵon Path
V i s i t o r / P a r e n t P a r k i n g
S t a ff parking
44189
RESOLUTION NO. PC2023-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE
A SPECIFIC PLAN AMENDMENT TO THE E UCALYPTUS BUSINESS
PARK SPECIFIC PLAN AMENDING THE LAND USE MATRIX TO ALLOW
COMMUNITY E DUCATION FOR MINORS AS A COND ITIONALLY
PERMITTED USE IN THE COMMERCIAL OFFIC E (C/O) LAND USE
DESIGNATION. PL23-0057 (EUCALYPTUS BUSINESS PAR K SPECIFIC PLAN AMENDMENT).
WHEREAS, Heights Christian School (the “Applicant”), has filed an applica tion with the City of Chino (the “City”) to amend the Eucalyptus Business Park Specific Plan (EBPSP) amending the land use matrix to allow communit y ed ucation for minors as a conditionally permitted use in the Commercial Office (C/O) land use des ignation (the “Project”); and
WHEREAS, the EBPSP was approved by the City of Chino Planning Commission on September 17, 1990, and subsequently by the City Council on December 18, 1990; and
WHEREAS, the City of Chino Municipal Code establishes procedures on how to amend the specific plan as described in Section 20.23.050; and
WHEREAS, the proposed EBPSP Amendment has been determined to be consistent with the intent of the General Plan; and
WHEREAS, the proposed EBPSP Amendment will not adversely affect the harmonious relationship with the adjacent neighborhoods and land uses; and
WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the proposed EBPSP Amendment have been complied with; and
WHEREAS, the Planning Comm ission of the City of Chino has completed its study of the proposed EBPSP Amendment and related materials; and
WHEREAS, on November 15, 2023, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California G overnment Code and Chino Municipal Code, entertained the written and oral report of staff, and considered public testimony on the Project.
NOW, THEREFORE, the Planning Commission of the City of Chin o, Califor nia, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
45190
RESOLUTION NO. PC2023-027
B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes t he following findings and takes the following actions on PL23-0057 (Eucalyptus Business Park Specific Plan Amendment):
1. PL23-0057 (Eucalyptus Business Park Specific Plan Amendment)
a. The proposed specific plan amendment is internally consistent with the General Plan, in that the change in the land use matrix to allow community education for minors as a conditionally permitted use within the C/O land use designation is consistent wit h other land uses , as community education for adults is permitted in the EBPSP in the C/O land use desig nation with an administrative approval . The change in the land use matrix table to allow education for minors within the C/O land use d esignation is also consistent with the intent of the General Plan; and
b. The proposed specific plan amendment will not be detrim ental to the public interest, health, safety, convenience or welfare of the City , as the proposed amendment to t he land use matrix to conditionally permit community education for minors in the C/O land use designation is consistent with other permitted and conditionally permitted land uses in the same land use designation in the EBPSP; and
c. The proposed specific plan amendment will maintain the appropriate balance of land uses within the City, as the EBPSP contains a mix of commercial and industrial uses . The pr oposed amendment will allow community education for minors as a conditionally permitted land use in the C/O land use designation. This change is not anticipated to disrupt the current balance of land uses within the City or EBPS P. Community education for adults is currently ad ministratively permitted in certain land use desig nations of the EBPSP, including the C/O land use designation . In addit ion, schools for minors and adults are conditionally permitted in the Commercial Office (CO) zoning district in the general cit y, which is similar to C/O land use designations of the EBPSP; and
d. In the case of an amendment to a specific plan land use map, the subject site is physically suitable, including but not limited to parcel size, shap e, access, availability of utilities a nd compatibility with adjoining land u ses, for the requested land use designation and anticipate d development. There are no proposed changes to the land use map.
2. CEQA Findings. The EBSP Amendment is exempt from the C alifornia Environmental Quality A ct (CEQA) under CE QA Guidelines Section 15061 (b)(3), Common Sense Ex emption, in that it can be seen with certainty that there is no possibility for this a ction to have a significant effect on the environment , and individual development applicati ons will be reviewed under CEQA as they are proposed; and
46191
RESOLUTION NO. PC2023-027
3. Recommendation of Approval of PL23-0057 (Eucalyptus Business Park Specific Plan Amendment). The Planning Commission hereby recommends the City Council approve PL23-0057 (Eucalyptus Business Park Specific Plan Amendment); and
4. Actions b y the Plann ing Commission Secretary . The Pl anning Commission Secretary is hereby directed to attest as to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF NOVEMBER 2023.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
State of California )
County of San Bernardino ) §
City of Chino )
I h ereby certify the foregoin g Reso lution was duly adopted by th e Chino Planning Commission at a meeting held on the 15th day of November 2023 and entered in the minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
47192
RESOLUTION NO. PC2023-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, APPROVING PL23-0058 (SPECIAL
CONDITIONAL USE PERMIT), FOR THE OPERATION OF A 14,172
SQUARE FOOT PRIVATE SCHOOL (HEIGHTS CHRISTIAN SCHOOL)
LOCATED WITHIN THE COMMERCIAL OFFICE (C/O) LAND USE
DESIGNATION OF THE EUCALYPTUS BUSINESS PARK SPECIFIC
PLAN, LOCATED AT 14670 RAMONA AVENUE (APN: 1025-092-02).
WHEREAS, Heights Christian School (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL23 -0058 (Special Conditional Use Permit) to approve the operation of a 14,172 square foot private school (Heights Christian School) in the Commercial Office (C/O) land use designation of the Eucalyptus Business Park Specific Plan, located at 14670 Ramona Avenue (APN: 1025-092-02) (the “Project”); and
WHEREAS, the EBPSP was approved by the City of Chino Planning Commission on September 17, 1990, and subsequently by the City Council on December 18, 1990; and
WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and
WHEREAS, on November 15, 2023, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, entertained the written and oral report of staff, and took public testimony on the Project; and
NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on PL23-0058 (Special Conditional Use Permit):
1. PL23-0058 (Special Conditional Use Permit):
a. The proposed use is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), in that, upon City Council approval of PL23-0057 (EBPSPA), community education for minors will be conditionally permitted in the C/O land use designation of the EBPSP. The proposed use is for a private school, Heights Christian School, which will serve children in Transitional Kindergarten through 8 th Grade.
General Plan Objective LU -1.3 encourages commercial development that will support and enhance vibrant commercial areas and serve existing 48193
RESOLUTION NO. PC2023-028
neighborhoods. Establishing a private school at this location will serve residents within the City as well as support the existing commercial areas within the vicinity of the project site;
b. The subject site is physically suitable, including but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed, as the use is located within an existing 14,172 square foot building, and meets all minimum development standards set forth in the C/O land use designation of the EBPSP;
c. The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed use as Ramona Avenue is a major arterial, designed to handle traffic that will be generated by the proposed use on the existing Project site;
d. The proposed use is compatible with those on abutting properties and in the surrounding neighborhood, as the proposed use is a private school offering classes for children between TK and 8 th Grade. The proposed school is compatible with the surrounding land uses, which include Verve City Church, also located on the project site, Calvary Chapel Chi no Hills to the north, and Extended Stay America, Creative Bus, and an office building to the south. The 71 Freeway abuts the project site to the west and Ramona Avenue to the east. Also, conditions of approval have been placed on the Project that regulate the business in a manner that will ensure compatibility with adjacent uses;
e. The proposed location, size, and operating characteristics of the proposed use will not be detrimental to the public interest, health, safety or general welfare, as the proposed school use will be conditionally permitted in the C/O land use designation of the EBPSP, pending City Council approval of PL23-0057 (EBPSPA), and has been designed and located to meet all minimum City requirements. In addition, certain safeguards have bee n required of the proposed use, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (conditions of approval) are attached to this resolution, and are described herein;
f. The proposed use will not have a significant adverse impact on the environment, as the Project is exempt from the California Environmental Quality Act per Section 15301 – Existing Facilities; and
g. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed use and have been imposed as conditions of Project approval by the Chino Planning Commission.
49194
RESOLUTION NO. PC2023-028
2. CEQA Findings. In compliance with the California Environmental Quality Act (CEQA), pursuant to Guideline § 1530 1 – Existing Facilities, the Project qualifies as being categorically exempt from CEQA and will have no significant impact on the environment. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 15300.2, apply to this project.
3. Approval of PL23-0058 (Special Conditional Use Permit) . The Planning Commission hereby approves PL23-0058 (Special Conditional Use Permit) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
4. Actions by the Planning Commission Secretary . The Planning Commission Secretary is hereby directed to attest to the adoption of this R esolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
5. Effective Date. This resolution shall be effective on the effective date of the last City Council action approving PL23 -0057 (Eucalyptus Business Park Specific Plan Amendment). If such approvals and adoption do not occur within 180 days of the adoption of this resolution, then this resolution shall be null and void. If the Ci ty Council modifies the Eucalyptus Business Park Specific Plan Amendment, and this action has the effect of rendering PL23 -0058 (Special Conditional Use Permit) inconsistent with the Eucalyptus Business Park Specific Plan then any approval that is rendered inconsistent with the Eucalyptus Business Park Specific Plan shall be returned to the Planning Commission for further consideration.
PASSED, APPROVED, and ADOPTED this 15TH day of November 2023.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
50195
RESOLUTION NO. PC2023-028
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 15 th day of November 2023 and entered in the minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
Attachment:
Exhibit “A” – Conditions of Approval
51196
EXHIBIT A
DEPARTMENTAL
CONDITIONS OF APPROVAL
DATE: November 15, 2023
PROJECT FILE NO.: PL23-0058 (Special Conditional Use Permit)
LOCATION: 14670 Ramona Avenue (APN: 1025-092-02)
APPLICANT: Claud Lamar with Heights Christian School
The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.
Development Services Department –
[X] Planning Division
[ ] Development Engineering Division
[ ] ADA Accessibility Division
[X] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services
52197
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: November 15, 2023
PROJECT FILE NO.: PL23-0058 (Special Conditional Use Permit)
LOCATION: 14670 Ramona Avenue (APN: 1025-092-02)
APPLICANT: Claud Lamar with Heights Christian School
1.0 TIME LIMITS:
1.1. Special conditional use permit approval shall expire on November 15, 2024, if the approved use has not commenced. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.
1.2. Should the use for which this approval is granted cease to exist for 180 or more consecutive days, this permit shall be deemed null and void.
2.0 GENERAL REQUIREMENTS:
2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.
2.2. The project shall proceed only in accordance with approved plans on file with the Develop ment Services Department, the conditions contained herein and the Chino Municipal Code.
2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all other applicable City ordinances, and applicable specific plans.
2.4. Pursuant to Government Code Section 66020, the applicant is informed that the 90- day period in which the applicant may protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.
2.5. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
53198
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL23-0058 (SCUP) DATE: November 15, 2023
2.6. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is c hallenged by the project sponsors and/or other parties in an action filed in a court of law , which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or fi nal resolution of such action. If any condition is invalidated by a court of law, the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.
2.7. As a condition of issuance of this approval, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party ag ainst the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision- making body, or staff action concerning this project. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition.
2.8. The City of Chino has an exclusive contract w ith Waste Management for all solid waste collec tion and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a result of this permit. Waste Management can be reached at 1- 800 423-9986.
2.9. All prop osed signs shall be designed to conform with Chino Municipal Code Title 16 (Signs) and shall require separate application and approval by the Director of Development Services prior to installation.
3.0 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND/OR
COMMENCEMENT OF THE APPROVED USE:
3.1. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall prov ide those fees marked [X] below in the form of a check made payable to the San Bernardino County Clerk of the Board of Supervisors within 5 days of Planning Commission approval . Project approval shall not be complete until the required fee(s) is (are) paid:
[X] $50 for the Notice of Exemption filing fee.
54199
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL23-0058 (SCUP) DATE: November 15, 2023
3.2. Revised plans, incorporating all conditions of approval, shall be submitted for review and approval by the Director of Development Services.
3.3. All plans shall be coordinated for consistency.
3.4. The developer shall pay development impact fees at the established rate.
Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fee s, building permit and plan check fees.
3.5. Upon submittal of construction drawings to the Bui lding Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requir ement for acceptance of construction drawings for the Building plan check review.
4.0 THE APPROVED USE SHALL BE OPERATED IN ACCORDANCE WITH THE FOLLOWING:
4.1. All operations shall not create a n uisance due to noise, od or, dust, mud, smoke, steam, vibration or other similar causes.
4.2. Noise emanating from the project site, and which is receiv ed by adjacent land uses, shall not exceed the levels specified below, except that loudspeakers, bells, gongs, buzzers or other noise attention or attrac ting devices shall not exceed a maximum daytime dBA level of 60 and nighttime dBA of 40, measured anywh ere beyond the boundaries of the property within which the noise is created.
4.3. Should it be determined by the City that noise measurements or a noise analysis of the use is needed, the applicant and its successor(s) shall bear all costs for said measurements and/or study and if necessary shall Maximum Time of
Exposure
Noise
Metric
Noise Level Not To Be Exceeded
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
30 Minutes/Hour L50 55 dBA 50 dBA
15 Minutes/Hour L25 60 dBA 55 dBA
5 Minutes/Hour L8.3 65 dBA 60 dBA
One Minute/Hour L1.7 70 dBA 65 dBA
Any Period of Time Lmax 75 dBA 70 dBA
55200
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL23-0058 (SCUP) DATE: November 15, 2023
provide necessary soundproofing to mitigate the noise created on site, if noise and/or vibrations exceed what is permitted under the Chino Municipal Code or create a nuisance to surrounding uses. Said soundproofing shall be installed to the s atisfaction of the Director of Development Services.
4.4. Community Education for Minors:
4.4.1. The SCUP is approved for a school for minors, operating in general accordance with Exhibit “A”. The proposed use has the flexibility to modify the tim e and date of activit ies, provided it does not: 1) increase the overall hours of operations of the facility (6:30 A.M. – 6:00 P.M.); 2 ) increase the intensity of the project as i t relates to traffic and parking; or 3) creat e a negative impact on surrounding uses, as determined by the Director of Development Serv ices. The Director o f Development Services shall have the authority to approve minor modifications to the proposed use, other than those outlined in Exhibit A . If at any point the school proposes to change its operation (i.e., hours, types of uses, etc.), th e applicant shall submit a request to the Director. At such time, the Director shall review the request and deter mine if the change in operation meets the intent of the SCUP or creates any potential new impacts. If necessary, the Director may refer the proposal back to the Planning Commission for final determination.
Attachment:
Exhibit “A” – Schedule and School Events
56201
HEIGHTS CHRISTIAN SCHOOLS
Schedule and School Events
PROJECTED DAILY SCHOOL SCHEDULE
AM DAYCARE BEGINS 6:30am [30 students, 3 staff]
SCHOOL BEGINS 8:00am [240 students, 27 staff]
LUNCHES BEGIN 11:30am
SCHOOL ENDS 3:00pm
PM DAYCARE ENDS 6:00pm [30 students, 3 staff]
PROJECTED STUDENT ENROLLMENT AND STAFFING
2024‐2025 240 students grades TK‐6, 27 staff
2025‐2026 270 students grades TK‐7, 29 staff
2026‐2027 300 students grades TK‐8, 31 staff
Maximum Enrollment TK‐8 ‐ 450 students
PROJECTED SCHOOL EVENTS AND ACTIVITIES 2024‐2025
BACK TO SCHOOL
Monday, August 19, 2024 [10:00am‐2:00pm, all parents, 240 students, 27 staff]
FALL THEATRE PRODUCTION
Monday, November 11 – Saturday, November 16, 2024 [5:00pm‐9:00pm, 80 students, 10 staff]
PARENT CONFERENCES
Thursday, November 21 – Friday, November 22, 2024 [8:00am‐4:00pm, all parents, 27 staff]
CHRISTMAS CONCERT
Thursday, December 6, 2024 [5:00pm‐9:00pm, 40 students, 6 staff]
SPRING THEATRE PRODUCTION
Monday, April 7 – Saturday, April 12, 2025 [5:00pm‐9:00pm, 80 students, 10 staff]
SPRING CONCERT
Thursday, May 1, 2025 [5:00pm‐9:00pm, 40 students, 6 staff]
YEAR END CELEBRATION
Friday, May 23, 2025 [5:00pm‐8:30pm, all parents, 240 students, 27 staff]
PROJECTED 2024‐2025 SCHOOL DATES AND HOLIDAYS
SCHOOL YEAR BEGINS Tuesday, August 27, 2024
LABOR DAY HOLIDAY Monday, September 2, 2024
TEACHER INSERVICE (no students) Monday, October 7, 2024 THANKSGIVING BREAK Monday, November 25 – Friday, November 29, 2024 CHRISTMAS BREAK Monday, December 23 – Friday, January 3, 2025 MARTIN LUTHER KING JR DAY Monday, January 20, 2025
TEACHER INSERVICE (no students) Monday, February 10, 2025 PRESIDENTS DAY Monday, February 17, 2025
GOOD FRIDAY, Friday, April 18, 2025
EASTER BREAK Monday, April 21 – Friday, April 25, 2025
MEMORIAL DAY Monday, May 26, 2025
SCHOOL ENDS Tuesday, June 3, 2025
57202
Special Districts Leadership Foundation - District of Distinction Since 2008
August 24, 2023
It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project.
The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or punitive fines as outlined in the Fire District fee schedule.
We look forward to a cooperative working relationship throughout the project. Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280.
3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY:
3.1 An automatic protection fire sprinkler system is required for all buildings 5,000 sq. ft or greater. and/or when used for allowable area increase, if applicable. This system shall comply with NFPA Standard No. 13 and Fire District Standard No. 110. An electronic/PDF set of detailed plans along with hydraulic calculations and material specifications shall be submitted to the Community Risk Reduction Division. The system shall be installed, tested and approved prior to system final. Fire sprinkler systems shall be installed by a licensed C-16 contractor and the contractor is required to submit a report to the compliance engine (TCE).
Chino Valley Fire District
14011 City Center Drive
Chino Hills, CA 91709
(909) 902-5260 Administration
(909) 902-5250 Fax
Chinovalleyfire.org
2023-00001373
Fire Protection Requirements
ANDRESEN ARCHITECTS
17087 ORANGE WAY
FONTANA, CA - California 92335
Project Name: Heights Christian School T.I.
PL 23-0058
Project Address: 14670 RAMONA AVE .
CHINO, CA 91710
Board of Directors
John DeMonaco
President
Harvey Luth
Vice President
Tom Haughey
Mike Kreeger
Sarah Ramos-Evinger
Fire Chief
Dave Williams
58203
Special Districts Leadership Foundation - District of Distinction Since 2008
3.2 An automatic fire alarm system is required. An electronic/PDF set of detailed plans shall be submitted showing the design, system components, signaling devices, fire alarm power supply, control panel and auxiliary devices and functions of the alarm system. Please refer to Fire District Standard No. 133 and current adopted editions of the California Building Code, as well as NFPA Standard 72. The contractor is required to submit a report to the compliance engine (TCE).
3.3 Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. System shall comply with current adopted edition of the California Fire Code, NFPA 70, 72 & 122 1 and the contractor is required to submit a report to the compliance engine (TCE).
3.4 Hand-held portable fire extinguishers are required to be installed. The location, type and cabinet design shall be approved by the Community Risk Reduction Division.
3.5 Smoke and Carbon Monoxide alarms are required to be installed per Section 310 of the California Building Code, current adopted edition. Locations shall be in accordance with code requirements.
3.6 Exits, doors, signs and approved path marking shall be installed in accordance with the current adopted edition of the California Building Code, Section 1007
3.7 An approved recessed Fire Department "KNOX" brand key box is required. The key box shall be located at or near the main entrance(s), and shall be provided with a tamper switch and shall be monitored by an approved central station monitoring service. Please refer to Fire District Standard No. 117.
3.8 Commercial, industrial, and multi -family building addresses shall be posted with a minimum eight inch (8") numbers, visible from the street and during the hours of darkness they shall be internally or externally electrically illumina ted. Posted numbers shall contrast with the background used and be legible from the street.
Where building set back exceeds 100 feet from the roadway, additional non -illuminated six inch (6") numbers shall be displayed at the property access entrance . These numbers shall also contrast with the background used. Fire District Standard No. 122 must be complied with.
3.9 Hot work areas shall not contain combustible materials or shall be provided with appropriate shielding to prevent sparks, slag or heat from igniting exposed combustibles. The hot work area shall have no cracks or cracks shall be tightly covered in the flooring, walls, ducts or shafts to prevent the passage of sparks to adjacent combustibles. If partitions are used to separate the hot work area, they shall be noncombustible, in fixed hot work areas, partitions shall be securely connected to the floor such that no gap exists between the floor and the partition. The hot work area shall have a noncombustible surface.
Hot work areas shall maintain good housekeeping; the floor area shall be kept clean. 59204
Special Districts Leadership Foundation - District of Distinction Since 2008
In the event, hot work needs to be performed close to automatic sprinklers, noncombustible barriers or damp cloth guards shall shield the individual sprinkler heads and shall be removed when the work is completed. If the work extends over several days, the shield or cloth shall be removed at the end of each work day.
Hot work areas shall be provided with the following warning signs:
CAUTION
HOT WORK IN PROGRESS
STAY CLEAR
A fire watch shall be provided during the hot work operation and shall continue for a minimum of 30 minutes after the conclusion of said work.
Records of “prework check” reports shall me maintained on site for 48 hours after hot work is completed. The prework check shall include the following:
a). Ensure that hot work equipment to be used is in satisfactory operating condition and in good repair.
b). Ensure hot work site is clear of combustibles or combustibles are protected, including exposures.
c). Ensure any openings are protected and floors are clean. d). Fire watch is assigned.
e). Care has been taken to prevent accidental activation of fire sprinklers or other life safety systems.
f). The fire extinguisher for the hot work area is not blocked and accessible.
A minimum of one portable fire extinguisher with a rating of 2-A:20-B:C shall be readily accessible within 30 feet of each hot work area.
All compressed gas cylinders used shall be properly secured against accidental dislodgement and against access by unauthorized personnel. Compressed gas cylinders shall be protected from physical damage by an approved means.
Pressure relief devices shall be arranged to discharge upward and unobstructed to the open air in such a manner as to prevent any impingement of escaping gas upon the container, adjacent structures or personnel.
The storage area of the compressed gases shall be properly marked with an NFPA 704 placard as well as a sign reading: COMPRESSED GAS.
The storage area shall be provided with adequate lighting.
3.10 An electronic/PDF set of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal.
a) Building Construction, includes tenant improvement work b) Private (onsite) Underground Fire Protection Water Systems, if applicable c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer 60205
Special Districts Leadership Foundation - District of Distinction Since 2008
d) Fire Alarm Systems or Sprinkler Monitoring Systems designed by a C7, C10 contractor or registered engineer.
e) Knox box and/or security gate locations.
f) Emergency Responder Radio Coverage Systems
Applicable Standards:
110, 117, 122, 133, 141, 143
CVFD Standards available online at http://www.chinovalleyfire.org
61206
62207
63208
64209
65210
66211
ORDINANCE NO. 2024-001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING THE EUCALYPTUS
BUSINESS PARK SPECIFIC PLAN TO ALLOW FOR
COMMUNITY EDUCATION FOR MINORS TO BE A
CONDITIONALLY PERMITTED USE WITHIN THE
COMMERCIAL OFFICE (C/ O) LAND U SE D ESIGNATION AND
TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR
COMMUNITY EDUCATION FOR MINORS. PL23-0057
(EUCALYPTUS BUSINESS PARK SPECIFIC PLAN
AMENDMENT).
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Table VI-A – Land Use Matrix of the Eucalyptus B usiness Park S pecific Plan (EBPSP) is hereby amended to allow for Community Education for Minors within the Civic Use Types section, as a conditionally permitted use in the Commercial Offi ce (C /O) land u se designation, to read as follows:
Table VI-A—Land Use Matrix
Land Use Types AM BP C CO M GI
Community Education: Typical activities include educational services provided by private and parochial institutions. Typical uses include elementary schools, junior high schools, high schools, junior colleges, and vocational and trade schools.
Community education for minors C C
Section 2. Table VI-C – Off-Street Parking Space Requirements of the E BPSP is hereby amended to add off-street parking requirements for Community Education for Minors within the Civic Use Types section, to read as follows:
Table VI-C—Off-Street Parking Space Requirements
Use Minimum Required Off-
Street Parking
Maximum %
Compact
Spaces
Maximum %
Long-Term
Spaces
Notes
Community Education, Minors 2 spaces/classroom 25% 25%
Section 3. CEQA Findings. The City Council finds t hat this Ordinance is exempt from the California Environmental Quality Act ( CEQA) under CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, in that it can be seen with certainty tha t there is no poss ibility for this action to have a s ignificant ef fect on the environment, and individual development applications will be reviewed under CEQA as they are proposed.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the ap plication thereof to a ny person or circumstances, is, for an y reason, held in valid o r unco nstitutional by any court of competent jurisdic tion, s uch invalidity or 212
Ordinance No. 2024-001
unconstitutionality shall not affect any other p rovision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopte d this ordinance and each section, subsection, sentence, clause, phrase, part or portion t hereof, irr espective of the f act that any one or more sections, subsecti ons, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 5. This Ordinance shall be in full force and effect thirt y (30) days after its second reading and adoption.
Section 6. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to b e published in the Chino Champion, a newspaper of gen eral circulation, within said City in acc ordance w ith the provisions of t he Government Code.
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF FEBRUARY 2024.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalie Gonzaga , City Cle rk o f the City of Chi no do h ereby certify that t he foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular meeting held on the 6th day of February 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
213
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Second Amendment to the Hillsborough Development Agreement. ..end
RECOMMENDATION
..recommendation
Conduct a public hearing and approve the introduction of Ordinance No. 2024-002, approving a second amendment to the Development Agreement with Hillsborough Phase III, LLC, to be read by number and title only, and waive further reading of the Ordinance.
ORDINANCE NO. 2024-002 - AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHINO, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND
HILLSBOROUGH PHASE III, LLC FOR THE DEVELOPMENT OF A SENIOR HOUSING
PROJECT
..body
FISCAL IMPACT
Approval of the Development Agreement will not result in any fiscal impact. All costs associated with the project will be paid by the developer.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Responsible Long-Range Planning
Revenue:
Expenditure:
Transfer In: Transfer Out:
214
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: SECOND AMENDMENT TO THE HILLSBOROUGH DEVELOPMENT AGREEMENT.
PAGE: 2
BACKGROUND
The applicant is the current owner of the Hillsborough Village senior citizen apartment complex (Hillsborough Property). The Hillsborough Village development consists of a 196 -unit senior citizen apartment complex (Existing Development), which was approve d by the City Council on September 3, 1985. On November 5, 2019, the City Council approved a Development Agreement (DA) with the applicant for construction of an addition to the Existing Development, which consists of a three -story, 62-unit senior citizen apartment building, including affordable housing units (Project) on a 1.42 -acre undeveloped lot adjacent to the existing Hillsborough Property.
The approved DA requires all units within the 62 -unit expansion of the Hillsborough senior apartment community to be age restricted to persons 55 years of age or older. Four of the 62 units are to be made affordable for moderate -income households and six units are to be made affordable for low -income households. The amenities within the Existing Development will b e accessible to residents of the Project and shared in common within the entire Hillsborough Property. The DA also required the applicant to complete construction of the Project by March 31, 2021. The COVID -19 pandemic caused a delay in the applicant’s a bility to meet the construction deadline. As a result, on April 20, 2021, the applicant applied for an amendment to the DA to extend the time required for completion of the Project to March 31, 2024 (three years retroactive from the March 31, 2021 deadlin e) and extend the approval of the Site Approval (PL16-0357) entitlement for the Project for three years to be consistent with the Amendment timeline. The amendment to the DA was approved by the City Council on October 5, 2021. The Amendment also required the applicant to dedicate two additional units within the Hillsborough Property for occupancy to low-income households. The DA Amendment ensured that the senior housing units and affordable units are reserved for a period of 55 years, which shall be bind ing upon any successor or assignees of the developer/applicant.
The applicant has encountered additional delays in the construction of the project due to the Property Owner’s Director of Construction facing medical issues . As a result, the applicant submitted applications on September 7, 2023, to amend the DA and for a time extension for the entitlement approval of PL16-0357. The applicant is requesting PL16-0357 be extended for one additional year (expiring October 7, 2024) and to allow until March 31, 2 026, to complete the construction of the Project.
ISSUES/ANALYSIS
The extension of PL23 -0357 (Site Approval) for an additional year and timeframe in which the applicant is required to construct the Project, is considered a substantive change to the DA th at requires a formal amendment to the existing Hillsborough DA. Per Government Code section 65868, an amendment to any development agreement must follow the same process that was completed for adoption of the development agreement. In addition, under Sec tion 20.23.070 of the Chino Municipal Code, the Planning Commission is required to review the Amendment and make a determination on the consistency of the Amendment with the City’s General Plan and the Central Avenue Specific Plan (CASP) in which the site is located, and to provide a recommendation to the City Council as to whether it should approve or deny the Amendment.
The Planning Commission reviewed the proposed amendment on December 20, 2023, and recommended the City Council approve the Amendment by a 6-0 vote (1 absent). The Planning Commission also approved a one-year extension to the project entitlement for PL16 -0357. The findings are set forth in the attached DA Amendment resolution (Attachment B). Other than the above changes, the exiting DA will remain unchanged.
215
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: SECOND AMENDMENT TO THE HILLSBOROUGH DEVELOPMENT AGREEMENT.
PAGE: 3
Ultimately, the City Council will have final discretionary authority over whether to approve the Amendment and may exercise its authority to further refine and clarify the requirements of the Amendment. With the changes, the Amendment is still in conformance with the requirements of the City’s General Plan, CASP and zoning standards applicable to the Property and the Project.
Attachment: Attachment A – Ordinance No. 2024-002
Attachment B – Planning Commission Resolution PC2023 -031 Second Amendment to the Development Agreement
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ORDINANCE NO. 2024-002
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHINO, CALIFORNIA, APPROVING THE SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF CHINO AND HILLSBOROUGH PHASE
III, LLC FOR THE DEVELOPMENT OF A SENIOR HOUSING
PROJECT
WHEREAS, Hillsborough Phase III, LLC (“Applicant”) has applied to amend the Development Agreement (“Development Agreement”) entered into by and between the City of Chino (“City”) and Applicant on November 5, 2019, and approved by the City pursuant to Ordinance No. 2019-019, as amended by that First Amendment to the Development Agreement (“First Amendment”) on or about October 19, 202, and approved by Ordinance No. 2021 -011 to allow Applicant to develop 1.42 acres of undeveloped real property generally located at 11918 Central Avenue in the City (“Site”), di rectly south of the Pacifica Senior Living Hillsborough development, which Site is owned by the Applicant; and
WHEREAS, the Development Agreement provides for the Applicant to develop the Site with a three -story, 62 -unit senior citizen apartment complex ( which shall be age -restricted to persons of age 55 or older), with certain units reserved for affordable housing, together with associated parking (“Project”); and
WHEREAS, the First Amendment requires the Applicant to complete development of the Project by March 31, 2024;
WHEREAS, for nearly two years, Property Owner’s Director of Construction was facing medical issues . As a foundational part of the Property Owner’s business and, without his guidance, this Project was unable to move forward without the Director of Construction and, as a result, the Applicant applied for an additional amendment to the Development Agreement (“Second Amendment”) to extend the time required for completion of the Project to March 31, 2026;
WHEREAS, in showing its commitment to move forward, Property Owner has hired a new Director of Construction to allow the Project to move forward with the original Director serving in a consulting capacity as his health improves;
WHEREAS, as part of the proposed Second Amendment, a copy of which is attached hereto as Exhibit “A” , the Applicant also applied to extend the timeline for construction and effectiveness of the Site Approval (PL16 -0357) entitlement for the Project for three years to be consistent with the Second Amendment timeline and requests that the City delay the Applicant’s obligation to pay City-imposed development impact fees under CMC Chapter 3.40;
WHEREAS, Chino Municipal Code section 20.23.070 (“Development Agreement Ordinance”) and Sections 65864-65859.5 of the Government Code authorize the City to enter into development agreements and amendments thereto with any person having a legal or equitable interest in real property and require the planning agency of the City to find the proposed development agreement to be consiste nt with the policies and programs of the City’s General Plan and the applicable Central Avenue Specific Plan (“CASP”); and
WHEREAS, the Site is subject to Measure U, approved by the voters of the City in 2001, which was adopted in order to allow for the development of senior housing, and which provides 217
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for the automatic re -zoning of the Site from Commercial General to Residential (RD -20) uses provided that the Developer enters into a development agreement with the City in order to ensure any impacts from the development are ameliorated; and
WHEREAS, the City Attorney has prepared, and the Applicant has reviewed and concurred with, the terms and conditions of the Second Amendment, which Second Amendment will benefit the City by providing additional low -income housing facilities within the City, and ensure a desirable, attractive, and functional community environment for residents; and
WHEREAS, on December 20, 2023, the Planning Commission held a duly noticed public hearing for the proposed recommendation of the Second Amendment and extension to Site Approval PL16 -0357 in compliance with State law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project, and, by a vote of 6 -0, adopted Resolution No. PC2023 -031 recommending to the City Council approval of the Second Amendment and Resolution No. PC2023 -032 approving the extension of time for Site Approval PL16-0357, and
WHEREAS, the extension of time for Site Approval PL16 -0357 and Second Amendment are deemed to be categorically exempt from the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) ("CEQA"), which exempts infill projects when the project is compatible with the General Plan land use designation and zoning regulations, is no more than five acres substantially surrounded by urban uses, and is devoid of habitat for biological resources. Further, the Project site has no value as habitat for endangered, rare, or threatened species, is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality, and therefore, no further environmental review is required under CEQA; and
WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City on January 6, 2024, published a legal notice indicating the public hearing to be held by the City Council on January 16, 2024;
WHEREAS, January 16, 2024, the City Council held a duly -noticed public hearing to consider the Second Amendment, and considered the recommendation of the Planning Commission and the evidence, testimony, and arguments submitted by City staff, the Developer, and all interested parties; and
WHEREAS, City Council finds and determines that all actions required of City precedent to approval of the Second Amendment by the City Council have been duly and regularly taken and all legal prerequisites of the adoption of this Ordinance have occurred.
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated into this Resolution as set forth herein.
Section 2 . The City Council of the City hereby finds that the findings it made pursuant to Ordinance No. 2019-019 that the Development Agreement is c onsistent with the General Plan, the CASP and the zoning code, and complies with the requirements of the Development 218
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Agreement Law and the City Development Agreement Ordinance, remain true and correct. The City Council incorporates those findings in Ordinance No. 2019 -019 herein by this reference.
Additionally, the City Council finds that:
• Pursuant to Measure U, the Site was automatically re -zoned to RD20 uses upon the approval of the Development Agreement by the City Council, to allow for the development of this senior housing Project on the Site. The Project Site was specifically intended to provide for the development of senior housing under Measure U and the proposed Project implements the voters’ intent in adopting Measure U in 2001.
• The Development Agreement, with the Second Amendment, and the Project will implement the goals, objectives and policies of the City’s General Plan and the CASP, as modified by Measure U. For example, Objective LU -1.1, P4 of the General Plan states the City shall encourage the development of senior housing, which senior housing is to be provided by the Project. Additionally, the Project, also implements Objective LU 1 .1 and Goal HE -2 of the General Plan, by providing additional affordable housing and senior housing to meet the needs of the community, including 2 additional low -income units provided under the First Amendment. The Development Agreement, as amended, will help to serve the interests of Chino citizens and the public health, safety and welfare by providing for additional affordable housing and a substantial number of new senior housing units and will ensure the Project is developed with an enhanced architectu ral design to provide for a desirable, attractive, and functional community environment for residents.
• The Development Agreement and the Incentives granted for the Project for its provision of affordable housing, with the extension of the construction tim eline and additional affordable units provided under the Second Amendment, will result in the development of the Site at the intensity and density allowed under the General Plan and Measure U, consistent with the restrictions and development standards cont ained in the CASP and under the zoning code.
• The Project, with the extension of the construction timeline provided under the Second Amendment, will implement Goal ED-1 of the General Plan by providing for property taxes and other revenue above that antici pated for the existing land use (consisting of an undeveloped lot) and by generating construction employment and new permanent employment opportunities for City residents furthering the City’s economic development General Plan goals.
• The Project, with the extension of the construction timeline provided under the Second Amendment, will implement the Goals of the General Plan Vision Statement (Chapter 2 of the General Plan) by providing an environmentally responsible design, and will include a number of green building measures in order to meet LEED (Indoor Environmental Quality Design and Construction Guidelines), including, without limitation, retention basins to retain storm -water runoff, use of native and/or drought -tolerant plants, electric vehicle spaces and charging stations, solar charging on the building roof, efficient plumbing fixtures, renewable plan materials, and bike parking facilities.
• A periodic review will be conducted to monitor the implementation of the Development Agreement and to ensu re that the provisions of the Development Agreement, as amended, are consistent with the General Plan, CASP and CMC.
Section 3. Based upon all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits and findings made under 219
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Ordinance No. 2019-019, the City Council hereby finds that the Project, as amended pursuant to the Second Amendment, is categorically exempt pursuant to Section 15332 from the requirements of the CEQA, which exempts infill projects when the project is compatible with the General Plan land use designation and zoning regulations, is no more than five acres substantially surrounded by urban uses, and is devoid of habitat for biological resources. Further, the Project site has no value as habitat for endangered, rare, or threatened species, is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality, and therefore, no further environmental review is required under CEQA.
Section 4. The City Council of the City hereby approves the Second Amendment to Development Agreement between the City and Hillsborough Phase III, LLC, a copy of which is attached hereto as Exhibit “A”, with any non -substantive changes or typographical or scrivener errors corrected by the City Manager, and authorizes the Mayor to sign the Second Amendment after it has been signed by the Developer.
Section 5. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said Amendment with the County Recorder within 10 days after the Mayor’s signing of the Second Amendment.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.
Section 7. This Ordinance shall take effect 30 days after its adoption.
Section 8 . The Mayor, City Manager, and City Clerk or their designees, are authorized and directed to take such actions and execute such documents and certifications as may be necessary to implement and affect execution, recordation and enforcement of this Ordinance and the Second Amendment.
Section 9. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, printed and published within the City of Chino in accordance with the provisions of the Government Code.
APPROVED AND ADOPTED THIS 6TH DAY OF FEBRUARY 2024.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
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State of California )
County of San Bernardino ) ss
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the Chino City Council at a regular meeting held on the 6th day of February 2024, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachment:
Exhibit A: Second Amendment to Development Agreement
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EXHIBIT A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Chino
13320 Central Avenue
Chino, CA 91710
Attn: City Clerk
APN 1014-621-480-000 (Space Above For Recorder’s Use)
Exempt from recording fees pursuant to Govt Code 27383
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second Amendment to Development Agreement (“ Amendment”) is made and entered into as of this day of , 2024, by and between HILLSBOROUGH PHASE III, LLC, a California limited liability company (" Property Owner"), and the CITY OF CHINO, a municipal corporation organized and existing under the laws of the State of California ("City"). Property Owner and City are sometimes individually referred to herein as a "Party" and jointly as the "Parties."
RECITALS
A. Property Owner owns that certain real property consisting of approximately
7.2 acres, located at 11902 and 11930 Central Avenue in City of Chino, California, as legally described in Exhibit A and graphically described on Exhibit B attached to the Development Agreement ("Hillsborough Property").
B. The City and Property Owner entered in to that certain Development Agreement dated November 5, 2019 with respect to the Hillsborough Property which was recorded on June 29, 2020 as Instrument No. 2020 -0215477 in the Official Records of San Bernardino County (“Development Agreement”).
C. Pursuant to the Development Agreement, the Property Owner is required to construct a three story, 62 -unit senior citizen apartment complex on the undeveloped portion of the Hillsborough Property (“ Project”) which was to be completed on or before March 31, 2021 (“Project Complete Date”).
D. Despite Property Owner’s best efforts, processing the plans for the Project in accordance with the Chino Municipal Code and the Development Agreement were materially affected by the impacts of the COVID-19 pandemic resulting in unanticipated delays in obtaining applicable approvals and, therefore, the Project was not completed by the Project Completion Date.
E. The Development Agreement incorporated the conditions of approval granted under Site Approval PL16 -0357 for the Project (“ Site Approval”). Condition No. 1.1 provided that the Site Approval would expire on October 7, 2020 if building permits were not obtained by that date (“Site Approval Expiration Date”).
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F. On September 20, 2021, following a duly noticed and conducted public hearing, the City’s Planning Commission approved Resolution No. PC2021 031, which recommended approval of modifications to the Development Agreement (“First Amendment No. 1”) so that the Development Plan, as defined therein, would now allow (i) the construction and completion of the Project by March 31, 2024, and (ii) reservation of another two (2) units affordable to low-income households so that a total of eight (8) units shall be made affordable for low-income households.
G. On October 5, 2021, following a duly noticed and conducted public hearing, the City Council approved the introduction of Ordinance No. 2021 011 (“Ordinance”), and on October 19, 2021, adopted after a second reading, adopted the Ordinance approving and authorizing the execution of the First Amendment to modify the Development Agreement as specified above. The Ordinance includes the modifications to the Development Plan as approved herein.
H. As part of its approval of the First Amendment, as stated in the Ordinance, the City Council determined the Project to be exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.
J. For the past 18 months, Property Owner’s Director of Construction, Zaven Hanessian, was facing medical issues . Zaven Hanessian has been a foundational part of the Property Owner’s business and, without his guidance, this Project was unable to move forward.
K. However, in showing its commitment to move forward, Property Owner has hired Tony Coppolino as its new Director of Construction, with Zaven Hanessian serving in a consulting role as his health improves, to allow the Project to move forward.
L. Therefore, City and Property Owner wish to enter into this Second Amendment to update the Site Approval Expiration Date and extend the Project construction and completion date.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Recitals. The Parties find that the above recitals are true and correct and incorporates them herein.
2. Effective Date . This Amendment shall be effective upon recordation in the Official Records of San Bernardino County (“Effective Date”).
3. Defined Terms. Except as otherwise defined in this Amendment, all defined terms shall have the same meaning as set forth in the Development Agreement and the First Amendment to the Development Agreement approved on October 5, 2021. All references to “Agreement” shall mean the original Development Agreement and the First Amendment as amended by this Amendment.
4. Representations and Warranties. As of the Effective Date, Property Owner represents and warrants to the City that (i) it owns the Hillsborough Property which is not subject to any deeds of trusts or mortgages; (ii) has the right enter into this Amendment without the 223
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consent of any third party; and (iii) this Amendment is binding on Property Owner and the Hillsborough Property.
5. Term. Section 4 of the First Amendment to the Development Agreement is amended as set forth below (additions shown in bold italics, deletions shown in strikethrough):
“4. Term of this Agreement . The term of this Agreement shall commence upon the Effective Date and shall expire twenty (20) years thereafter, unless sooner terminated or extended by the mutual consent of the part ies or as otherwise provided herein. Unless this Agreement is extended beyond its twenty (20) year term, or terminated earlier pursuant hereto, it shall terminate upon the expiration of such term, and all rights and duties created by this Agreement in favor of any party shall be extinguished on the date of such termination except for the provisions of this Agreement that expressly survive such termination, any outstanding obligations of the parties hereunder not previously satisfied, and any unexpired Approvals.
Notwithstanding anything to the contrary herein, the parties acknowledge and agree that (i) the Project will be constructed and completed by March 31, 2026 March 31, 2024, and (ii) the affordability and age restrictions set forth in the Approvals, Conditions of Approval, and the Covenant Agreement attached hereto as Exhibit F shall remain in effect and be a continuing obligation binding on Property Owner and its successors and assigns for a period of fifty -five (55) years following the completion of construction of the Project.”
6. Conditions of Approval. The Conditions of Approval (Exhibit C) Section 1.1, is amended as set forth below (additions shown in bold italics, deletions shown in strikethrough):
Section 1.1 is amended in its entirely to read as follows:
“1.1. The above referenced Site Approval shall expire on October 7, 2024 October 7, 2023, if building permits are not obtained. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.”
7. Conflict. Except as otherwise provided in this Amendment, the terms of the Agreement and the First Amendment shall remain in full force and effect. In case of any inconsistency between this Amendment and the Agreement and the First Amendment, the provisions containing such inconsistency shall first be reconciled with one another to the maximum extent possible, and then to the extent of any remaining inconsistency, the terms of this Amendment shall control.
8. Successors and Assigns. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns, subject to any limitations on assignment set forth in the Agreement and the First Amendment. 224
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9. Authority. Each individual executing this Amendment on behalf of Property Owner represents and warrants that he or she has been duly authorized to do so by the entity on whose behalf he or she executes this Amendment and said entity will thereby be obligated to perform the terms of this Amendment.
10. Counterparts; Governing Law. This Amendment may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single agreement. This Amendment shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to the Development Agreement as of the date first set forth above.
Corporation
By:
Fred Galante, City Attorney
PROPERTY OWNER: CITY:
HILLSBOROUGH PHASE III, LLC,
a California limited liability company
By:
Vache Hanessian, Manager
By:
Linda Shirvanian, Manager
By:
Kosti Shirvanian, Manager
CITY OF CHINO, a Municipal
By:
Eunice M. Ulloa, Mayor
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER LLC
225
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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State of California )
)
County of )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
226
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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State of California )
)
County of )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
227
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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099578\17106497v2
State of California )
)
County of )
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT A
Description of the Property
THE FOLLOWING REAL PROPERTY IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA:
PARCEL 2 OF PARCEL MAP NO. 9624, IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 111 OF PARCEL MAPS, PAGE(S) 71 AND 72, RECORDS OF SAID COUNTY.
APN: 1014-621-480-000
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RESOLUTION NO. PC2023-031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
ADOPTION OF UNCODIFIED ORDINANCE TO APPROVE A SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF CHINO AND HILLSBOROUGH PHASE III, LLC, AND
MAKING FINDINGS OF GENERAL PLAN CONSISTENCY
WHEREAS, the City of Chino (“City”) Municipal Code (“CMC”) section 20.23.070 provides for the Planning Commission’s (“Commission”) consideration of development agreements, including amendments thereto, as permitted by California Government Code (“Govt. Code”) section 65864 et seq.; and
WHEREAS, Hillsborough Phase III , LLC (“Developer”) applied to amend the Development Agreement (“Development Agreement”) entered into by and between City and Developer on November 5, 2019 and amended on October 5, 2021 to allow Developer to undertake the development of approximately 1.42 acres of undeveloped real property generally located at 11918 Central Avenue Central Avenue, in the City (“Site”), directly south of the Pacifica Senior Living Hillsborough development, which Site is owned by Developer; and
WHEREAS, the Development Agreement provides for Developer to develop the Site with a three -story, 62 -unit senior citizen apartment complex (which shall be age- restricted to persons of age 55 or older), with certain units reserved for affordable housing, together with associated parking (“Project”); and
WHEREAS, Developer applied to extend the time in which the project is required to be constructed and completed by an additional two (2) years, so that Developer shall have until March 31, 2026 to complete construction of the Project per the terms of the Development Agreement;
WHEREAS, in conjunction with the extension of time under the Development Agreement, Developer has also sought an extension of time for the effectiveness of Site Approval PL16-0357 approved by this Planning Commission on October 7, 2019, and extended by previous approval of a time extension for one additional year, until October 7, 2024;
WHEREAS, the extension of time for the Project to be completed under the Development Agreement has been incorporated in the proposed Second Amendment to the Development Agreement, attached hereto as Exhibit “A” (“Amendment”) provided with this Resolution;
WHEREAS, the Planning Commission previously found that the Project will benefit the City by providing additional low-income and moderate- income and elderly housing 230
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facilities within the City, and ensure a desirable, attractive, and functional community environment for residents; and
WHEREAS, Chino Municipal Code section 20.23.070 (“DA Ordinance”) and Sections 65864-65859.5 of the Govt. Code authorize the City to enter into development agreements and amendments thereto with any person having a legal or equitable interest in real property and require the planning agency of the City to find the proposed development agreement to be consistent with the policies and programs of the City’s General Plan and the applicable Central Avenue Specific Plan (“CASP”); and
WHEREAS, in accordance with the terms of Measure U, the Site was automatically converted to Residential (RD-20) zone as a result of the approval of the Project and the Development Agreement by the City Council; and
WHEREAS, the proposed land use of the Project is consistent with the zoning requirements under the RD-20 zone, including the previously-authorized deviations from specific CMC requirements for developments located within the RD-20 zone, which deviations include various development incentives (“Incentives”) for the Project consistent with the density bonus provisions of the CMC (CMC Chapter 20.14) , based on the Project’s provision of affordable housing units, which Incentives included, among other things, a density bonus, and deviations to the CMC’s open space requirements, covered parking requirements, and landscape setback requirement, and the proposed Amendment does not impact such finding of consistency; and
WHEREAS, on December 20, 2023, the Planning Commission held a duly-noticed hearing for the proposed recommendation of the Amendment an d extension to Site Approval PL16-0357 in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project, and
WHEREAS, City staff has prepared and the Developer has reviewed and concurred with the terms and conditions of the Amendment; and
WHEREAS, the proposed approv al of the Amendment is deemed to be categorically exempt from the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) ("CEQA"), which exempts infill projects when the project is compatible with the General Plan land use designation and zoning designation and regulations, is no more than five acres substantially surrounded by urban uses, it is devoid of habitat for biological resources and the p roject site has no value as habitat for endangered, rare, or threatened species, the site is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality, and therefore, no further is environmental review is required under CEQA; and
WHEREAS, pursuant to California Government Code Sections 65867 and 65090, the City on December 9, 2023, 2023, published a legal notice indicating the public hearing to be held by the Planning Commission on December 20, 2023; 231
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WHEREAS, the Planning Commission considered the provisions of the Amendment at a public hearing on December 20, 2023, and all interested parties were given an opportunity to be heard regarding the Amendment; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission of the City of Chino, Califo rnia, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein.
B. Pursuant to the Government Section Code 65864 through 65869.5 and in light of the full record before it including the s taff report (and all attachments), and all evidence and testimony heard at the public hearing for this item, and in light of all evidence and testimony provided in connection with the Developer’s Site Approval application (PL16-0357) and the Incentives, the Planning Commission hereby makes the following findings:
(1) The Amendment is consistent with the General Plan and the CASP because the Development Agreement, as amended, and the Incentives granted for the Project for its provision of affordable housing will result in the development of the Site at the intensity and density allowed under the General Plan and consistent with the restrictions and development standards contained in the CASP and under the zoning code.
(2) The Amendment is con sistent with and furthers a number of goals and objectives under the General Plan. For example, Objective LU-1.1, P4 of the General Plan states the City shall encourage the development of senior housing. Additionally, the Project site was approved for senior housing as part of Measure U in 2001 and the proposed Project implements the voters’ intent in adopting Measure U. The Project also implements Goal HE-2 of the General Plan, by providing additional affordable housing to meet the needs of the communit y. The Development Agreement will help to serve the interests of Chino citizens and the public health, safety and welfare by providing for additional affordable housing and a substantial number of new senior housing units and ensures the Project is developed with an enhanced architectural design to provide for a desirable, attractive, and functional community environment for residents.
(3) The Amendment constitutes a lawful, present exercise of the City’s police power and authority under the Govt. Code and the City’s DA Ordinance.
C. Based upon all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Commission 232
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Chino
13320 Central Avenue
Chino, CA 91710
Attn: City Clerk
APN 1014-621-480-000 (Space Above For Recorder’s Use) Exempt from recording fees pursuant to Govt Code 27383
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second Amendment to Development Agreement (“ Amendment”) is made and entered into as of this _____ day of ___________, 2024, by and between HILLSBOROUGH PHASE III, LLC, a California limited liability company ("Property Owner"), and the CITY OF CHINO, a municipal corporation organized and existing under the laws of the State of California ("City"). Property Owner and City are sometimes individually referred to herein as a "Party" and jointly as the "Parties."
RECITALS
A. Property Owner owns that certain real property consisting of approximately
7.2 acres, located at 11902 and 11930 Central Avenue in City of Chino, California , as legally described in Exhibit A and graphically described on Exhibit B attached to the Development Agreement ("Hillsborough Property").
B. The City and Property Owner entered into that certain Development Agreement dated November 5, 2019 with respect to the Hillsborough Property which was recorded on June 29, 2020 as Instrument No. 2020- 0215477 in the Official Records of San Bernardino County (“Development Agreement”).
C. Pursuant to the Development Agreement , the Property Owner is required to construct a three story, 62- unit senior citizen apartment complex on the undeveloped portion of the Hillsborough Property (“Project”) which was to be completed on or before March 31, 2021 (“Project Complete Date”).
D. Despite Property Owner ’s best efforts, processing the plans for the Project in accordance with the Chino Municipal Code and the Development Agreement were materially affected by the impacts of the COVID-19 pandemic resulting in unanticipated delays in obtaining applicable approvals and, therefore, the Project was not completed by the Project Completion Date.
E. The Development Agreement incorporate d the conditions of approval granted under Site Approval PL16 -0357 for the Project (“Site Approval”). Condition No. 1.1 provide d that the Site Approval would expire on October 7, 2020 if building permits were not obtained by that date (“Site Approval Expiration Date”).
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F. On September 20, 2021, following a duly noticed and conducted public hearing, the City’s Planning Commission approved Resolution No. PC2021 031, which recommended approval of modifications to the Development Agreement (“First Amendment No. 1”) so that the Development Plan, as defined therein, would now allow (i) the construction and completion of the Project by March 31, 2024, and (ii) reservation of another two (2) units affordable to low-income households so that a total of eight (8) units shall be made affordable for low-income households.
G. On October 5, 2021, following a duly noticed and conducted public hearing, the City Council approved the introduction of Ordinance No. 2021 011 (“Ordinance”), and on October 19, 2021, adopted after a second reading, adopted the Ordinance approving and authorizing the execution of the First Amendment to modify the Development Agreement as specified above. The Ordinance includes the modifications to the Development Plan as approved herein.
H. As part of its approval of the First Amendment, as stated in the Ordinance, the City Council determined the Project to be exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15332, Infill Development Projects.
J. For the past 18 months, Property Owner’s Director of Construction, Zaven Hanessian, has been battling cancer. Zaven Hanessian has been a foundational part of the Property Owner’s business and, without his guidance, this Project was unable to move forward.
K. However, in showing its commitment to move forward, Property Owner has hired Tony Coppolino as its new Director of Construction, with Zaven Hanessian serving in a consulting role as his health improves, to allow the Project to move forward.
L. Therefore, City and Property Owner wish to enter into this Second Amendment to update the Site Approval Expiration Date and extend the Project construction and completion date.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Recitals. The Parties find that the above recitals are true and correct and incorporates them herein.
2. E ffective Date . This Amendment shall be effective upon recordation in the Official Records of San Bernardino County (“Effective Date”).
3. D efined Terms. Except as otherwise defined in this Amendment, all defined terms shall have the same meaning as set forth in the Development Agreement and the First Amendment to the Development Agreement approved on October 5, 2021. All references to “Agreement” shall mean the original Development Agreement and the First Amendment as amended by this Amendment.
4. R epresentations and Warranties. As of the Effective Date, Property Owner represents and warrants to the City that (i) it owns the Hillsborough Property which is not subject to any deeds of trusts or mortgages; (ii) has the right enter into this Amendment without the 236
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-3-
01225.0018/930215.2
consent of any third party; and (iii) this Amendment is binding on Property Owner and the Hillsborough Property.
5. Term. Section 4 of the First Amendment to the Development Agreement is amended as set forth below (additions shown in bold italics, deletions shown in strikethrough):
“4. Term of this Agreement. The term of this Agreement shall commence upon the Effective Date and shall expire twenty (20) years thereafter, unless sooner terminated or extended by the mutual consent of the parties or as otherwise provided herein. Unless this Agreement is extended beyond its twenty (20) year term, or terminated earlier pursuant hereto, it shall terminate upon the expiration of such term, and all rights and duties created by this Agreement in favor of any party shall be extinguished on the date of such termination except for the provisions of this Agreement that expressly survive such termination, any outstanding obligations of the parties hereunder not previously satisfied, and any unexpired Approvals.
Notwithstanding anything to the contrary herein, the parties acknowledge and agree that (i) the Project will be constructed and completed by March 31, 2026 March 31, 2024, and (ii) the affordability and age restrictions set forth in the Approvals, Conditions of Approval, and the Covenant Agreement attached hereto as Exhibit F shall remain in effect and be a continuing obligation binding on Property Owner and its successors and assigns for a period of fifty- five (55) years following the completion of construction of the Project.”
6. Conditions of Approval. The Conditions of Approval (Exhibit C) Section 1.1, is amended as set forth below (additions shown in bold italics, deletions shown in strikethrough):
Section 1.1 is amended in its entirely to read as follows:
“1.1. The above referenced Site Approval shall expire on October 7, 2024 October 7, 2023, if building permits are not obtained. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.”
7. C
onflict . Except as otherwise provided in this Amendment, the terms of the Agreement and the First Amendment shall remain in full force and effect. In case of any inconsistency between this Amendment and the Agreement and the First Amendment, the provisions containing such inconsistency shall first be reconciled with one another to the maximum extent possible, and then to the extent of any remaining inconsistency, the terms of this Amendment shall control.
8. S
uccessors and Assigns. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns, subject to any limitations on assignment set forth in the Agreement and the First Amendment. 237
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-4-
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9. Authority. Each individual executing this Amendment on behalf of Property Owner represents and warrants that he or she has been duly authorized to do so by the entity on whose behalf he or she executes this Amendment and said entity will thereby be obligated to perform the terms of this Amendment.
10. C ounterparts; Governing Law . This Amendment may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single agreement . This Amendment shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, the Parties have execut ed this Second Amendment to the Development Agreement as of the date first set forth above.
PROPERTY OWNER: CITY:
HILLSBOROUGH PHASE III, LLC,
a California limited liability company
By:
Vache Hanessian, Manager
By:
Linda Shirvanian, Manager
By:
Kosti Shirvanian, Manager
CITY OF CHINO, a Municipal Corporation
By:
Eunice M. Ulloa, Mayor
ATTEST:
_________________________
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER LLC
By:
Fred Galante, City Attorney
238
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01225.0018/930215.2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
239
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-1-
01225.0018/930215.2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
240
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-1-
01225.0018/930215.2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of ______________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
241
EXHIBIT A
Description of the Property
THE FOLLOWING REAL PROPERTY IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA:
PARCEL 2 OF PARCEL MAP NO. 9624, IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 111 OF PARCEL MAPS, PAGE(S) 71 AND 72, RECORDS OF SAID COUNTY.
APN: 1014-621-480-000
242
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Site Approval PL17-0082 – Annexation to the Lighting District No. 2002-1 (Annexation/Zone No. 88).
..end
RECOMMENDATION
..recommendation
1) Conduct a public hearing; 2) approve Resolution No. 2024 -001 ordering the annexation of Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 88); and 3) authorize the City Manager to execute the necessary documents on behalf of the City. ..body
FISCAL IMPACT
There is no direct fiscal impact.
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
Revenue:
Expenditure:
Transfer In: Transfer Out:
243
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: SITE APPROVAL PL17-0082 - ANNEXATION TO THE LIGHTING DISTRICT NO. 2002- 1 (ANNEXATION/ZONE NO. 88).
PAGE: 2
BACKGROUND
On October 21, 2019, the City’s Planning Commission conditionally approved Special Conditional Use Permit (SCUP) PL17 -0081 and Site Approval (SA) PL17 -0082, allowing Manifest Destiny Trucking Corporation (developer) to construct a 2,117 -square foot office building and establish a trucking facility on 4.5 acres land loca ted at 14085 Magnolia Avenue (Exhibit A).
As part of the Engineering Conditions of Approval requirements, the applicant is required to design and construct certain public improvements along the perimeter of Edison and Magnolia Avenues including, but not li mited to, sidewalk, curb and gutter, landscaping, water and drainage improvements, street pavement, signing and striping, streetlights, and traffic signal modifications.
Along with the streetlight improvements, the Conditions of Approval required that the developer annex the property into the City’s Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88) for public streetlight maintenance along the project’s frontage, within the right -of-way.
Before the project moved forward with the constructio n of the streetlight improvements, the City decided to take a closer look at the existing street lighting on Edison and Magnolia Avenues by having the design engineer prepare a photometric study. Based on the study, it was determined that the existing stre etlights along the project frontage were more than sufficient and met the City’s standards and lighting specifications. No additional streetlights were required; only the existing lights fronting the project must be annexed.
On November 7, 2023, the City Council approved Resolution 2023-066 ordering the preparation of an Engineer’s Report estimating the annual assessment for each parcel for lighting facility maintenance and initiating the annexation process. By way of ballots mailed to the Property owners, the property owners are requested to register their support or protest for the annexation to Landscape and Lighting District No. 2002 -1 (Annexation/Zone No. 88). The ballots will be tabulated at a public hearing held no sooner than 45 days after the ballot s have been mailed, if necessary.
ISSUES/ANALYSIS
The property owner has filed the required petition to be annexed into the City’s Landscape and Lighting District, to include four (4) streetlights fronting the project on Edison and Magnolia Avenues (refer to Resolution No. 2024 -001, Attachment B). The property owner has also filed with the City Clerk an assessment ballot in favor of the annexation, as per the Conditions of Approval. According to State law, if a petition to the City of Chino to undert ake annexation proceedings, and an assessment ballot in favor of the proposed assessment is obtained from the property owner involved in the annexation, the City Council may complete the annexation by adopting a resolution annexing the project into the Cit y’s Landscape and Lighting District No. 2002-1 (Annexation/Zone No. 88).
The estimated annual assessment for this project will be $280.95 for the first year. The actual assessment will vary each year based on actual costs (i.e. maintenance and energy cost changes up to the annual Consumer Price Index for the region). The annexation and regular maintenance of these streetlights will help ensure the City continues providing excellent public service in partnership with the property owner and an overall positi ve City image with the completion of the required public improvements.
244
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: SITE APPROVAL PL17-0082 - ANNEXATION TO THE LIGHTING DISTRICT NO. 2002- 1 (ANNEXATION/ZONE NO. 88).
PAGE: 3
Attachments:
Exhibit A - Location Map
Exhibit B - Resolution No. 2024-001 (Attachments: Street Lights Annexation Map, Notarized Ballot & Petition) Exhibit C - Engineer’s Report
245
Location Map
246
RESOLUTION NO. 2024-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, ORDERING THE ANNEXATION OF PL17-0082 TO
LANDSCAPING AND LIGHTING DISTRICT No. 2002-1
(ANNEXATION/ZONE NO. 88)
WHEREAS, the City Council of the City of Chino, C alifornia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972" being Division 15, Part 2, of the Streets and Highways Code of the State of California; said special maintenance district known and designated as Landscaping and Lighting District No. 88 (hereinafter referred to as the "Maintenance District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and
WHEREAS, there has been submitted a map showing the parcels and property proposed to be annexed and included within the boundaries of the Maintenance District; and
WHEREAS, the owners of property within th e ter ritory proposed to be an nexed to the Maintenance District h ave filed, with the City Clerk, a Petition to the City of Chino to undertake annexation proceedings and an Assessment Ballot in favor of the proposed assessment for the territory proposed to be annexed; and
WHEREAS, at this time, this legislative body desires to annex that property shown on the map submitted herewith, and to formally accomplish the annexation proceedings to allow said property to be included within the boundaries of the Maintenance District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUN CIL OF THE CITY OF CHINO AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the map attached hereto as Exhibit "A" is hereby approved and adopted, and the original of said map shall be kept on file in the office of the City Engineer.
SECTION 3. That this legislative body hereby orders the annexation of all the property as set forth and shown on the map as previously approved and, upon adoption of this Resolution, said property sh all be formally included in, and be come a part of, the Maintenance District and be subject to future assessments to pay for the costs and expenses of the authorized maintenance and services as necessary for the Maintenance District.
SECTION 4. That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. 247
RESOLUTION NO. 2024-001
PAGE 2
APPROVED AND ADOPTED THIS 16th DAY OF JANUARY 2024.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
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 at a regular meeting held on the 16th day of January 2024, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A
Petition for Annexation Proceedings
Assessment Ballot
Street Light Annexation Map
248
249
250
251
252
253
254
255
CITY OF CHINO, CALIFORNIA
COUNTY OF SAN BERNARDINO
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ANNEXATION NO. 88 ZONE NO. 88
SITE APPROVAL PL17-0082
(MANIFEST DESTINY TRUCKING COMPANY)
ENGINEER’S REPORT
FISCAL YEAR 2023-2024
256
ENGINEER’S REPORT
SITE APPROVAL PL17-0082
NOVEMBER 7, 2023 Page 2 of 4
Section 1. – Authority of Report
This report is in compliance with the requirements of Article 4, Chapter 1, Part 2, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972).
Section 2. – General Description
The City Council has requi red that developers of residential tracts or commercial/industrial parcels annex said property to the Landscaping and Lighting District No. 88 for the purpose of off-setting the costs associated with maintaining, operating and servicing of common landscaped areas and street lights in said property. The designated contiguous property to be annexed is described as follows:
SITE APPROVAL PL17-0082
ANNEXATION/ZONE NO. 88
Construction of a 2,117 SF office building a nd a trucking facility on 4.5 acres of land. Located at the northeas t corner of Magnolia Ave and Edison Avenue.
Section 3. – Maintenance
Detailed maintenance activities shall include:
A. STREET LIGHTS – The repair, removal or replacement of all or any p art necessary to provide for the normal operation and maintenance of street lights. Routine repairs include replacement of the light bulb, fuse or photocell. Extraordinary repai r includes replacement of the ballast, luminaire or correction of a wiring problem. Also included are the energy costs of the street light system.
B. LANDSCAPING - The repair, removal or replacement of all or any part of any improvement providing for the li fe, growth, health and beauty of the landscaping including cultivation, irrig ation, trimming, spraying, fertilization or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; the maintenance, repair and replacement as necessary of all irrigation systems and the removal of graffiti from walls immediately adjacent to the cultivated areas. Also included are energy costs of the irrigation control system.
Section 4. – Plans and Specifications
Plans and specifications for the landscaping and street lighting have been prepared and will be approved as a part of the improvement plans.
257
ENGINEER’S REPORT
SITE APPROVAL PL17-0082
NOVEMBER 7, 2023 Page 3 of 4
In conformance with the Conditions of Approval, and by reference, they are made a part of this report to the same extent as if said p lans and specifications were attached hereto. Exhibits define the boundaries of the proposed annexation and the maintenance area. These plans and exhibits are on file and available for review in the Public Works Department and, in conjunction with County Assessor’s maps of the area to be annexed, comprise the assessment diagrams for the respective annexations. The said Assessor’s maps are on file in the office of the County Assessor and are by reference made a part of this report to the same extent as if they were attached hereto.
Section 5. – Estimated Cost and Assessments
No City costs will be incurred for parkway or street light improvement construction. All improvements will be constructed by the developer. Based on data from other cities, contrac t analysis and developed work standards, it is estimated that the total maintenance cost for street lighting will be approximately $280.95 for the first year for Site Approval PL17-0082. This cost is estimated only; actual assessment will be based on actual cost data. The estimated total costs for Annexation No. 88 into Landscaping and Lighting District No. 88 are shown below.
SITE APPROVAL PL17-0082
ANNEXATION/ZONE NO. 88
ESTIMATE OF THE COST OF MAINTENANCE WORK
Landscape Maintenance Contract
Landscape $ 0.21 Per square foot per year
Water $ 0.17 Per square foot per year
Electrical $ 0.06 Per square foot per year
TOTAL $ 0.44 Per square foot per year
Equestrian Trail Maintenance Contract $ 0.56 Per square foot per year
Lighting Maintenance Contract $ 17.64 Per lamp per year
S.C.E.-Owned Street Lights:
6,300 lumen $ 130.07 Per lamp per year
9,500 lumen $ 141.96 Per lamp per year
16,000 lumen $ 170.44 Per lamp per year
22,000 lumen $ 189.38 Per lamp per year
28,000 lumen $ 196.51 Per lamp per year
258
ENGINEER’S REPORT
SITE APPROVAL PL17-0082
NOVEMBER 7, 2023 Page 4 of 4
Annual Maintenance Costs for Landscaped Areas
Interior Area: -0- Sq. ft. x $0.44 = $ -0-
Exterior Area: -0- Sq. ft. x $0.44 = $ -0- *
Total Annual Maintenance Costs = $ -0-
Annual Maintenance Costs for Equestrian Trails
Interior Area: -0- Sq. ft. x $0.050 = $ -0-
Exterior Area: -0- Sq. ft. x $0.050 = $ -0- *
Total Annual Maintenance Costs = $ -0-
*This amount reflects Council policy to fund 50% of perimeter maintenance costs.
Annual Maintenance Cost of City-Owned Street Lights
LOCATION
LAMP TYPE
NO. OF
LIGHTS
ENERGY COSTS
PER YEAR
MAINTENANCE
COSTS PER YEAR
TOTAL
Interior
4,000-LED
$ 12.00/Lamp +
$12.00/Lamp
$
-0-
Interior 4,000-LED $ 14.00/Lamp + $12.00/Lamp $ -0- Interior 8,500-LED $ 30.00/Lamp + $12.00/Lamp $ -0- Interior 10,000-LED $ 32.00/Lamp + $12.00/Lamp $ -0-
l
Subtotal = (a)
$
-0-
Perimeter
4,000-LED
$ 12.00/Lamp +
$12.00/Lamp
$
-0-
Perimeter 4,000-LED $ 14.00/Lamp + $12.00/Lamp $ -0- Perimeter 8,500-LED 1 $ 30.00/Lamp + $12.00/Lamp $ 42.00 Perimeter 10,000-LED 3 $ 32.00/Lamp + $12.00/Lamp $ 132.00 Perimeter 15,000-LED $ 60.00/Lamp + $12.00/Lamp $ -0-
Council policy to fund 50% of perimeter costs Subtotal = (b) $ 87.00
Total Annual Cost of Street Lights
= (a + b)
$
87.00 Annual Maintenance Costs Summary
Total Annual Landscape Maintenance Cost $ -0-
Total Annual Equestrian Trail Maintenance Cost $ -0-
Total Annual Street Light Maintenance Cost $ 87.00
County Assessor Charge ($100 + $0.30/lot) $ 100.30
Total Direct Cost $ 187.30
Supplies and Services (18% of Direct Cost) $ 33.71
Administration (12% of Direct Cost) $ 22.48
Reserve Funds (20% of Direct Cost) $ 37.46
Total Annual Assessment $ 280.95
Total Annual Assessment Per Lot $ 280.95
Average Monthly Cost Per Lot $ 23.41
259
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
Review of Citywide Legislative Policy.
..end
RECOMMENDATION
..recommendation
Adopt Resolution No. 2024-002, approving a revised City of Chino Citywide Legislative Platform and Policy.
..body
FISCAL IMPACT
There is no direct fiscal impact associated with this action.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Financial Stability
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure:
Transfer In: Transfer Out:
260
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: REVIEW OF CITYWIDE LEGISLATIVE POLICY.
PAGE: 2
BACKGROUND
The City Council adopted the current Citywide Legislative Policy on October 18, 2022. The policy provides for a City Council subcommittee entitled the Legislative Policy Committee (LPC), which consists of two City Council members that are appointed and assigned when Council committee assignments are determined, generally in December of even numbered years, and serve until the committee assignment list is modified and approved by Council.
The LPC is a Brown Act body with continuing subject matter jurisdiction, published agendas, and meetings held in a publicly accessible facility. Meetings are currently held on an “as - needed” basis, with staff, and often the City’s consultants, providing presentations, updates, and recommended City positions on legislative and policy proposals.
Currently, the LPC may approve these recommendations or direct staff as it deems necessary.
ISSUES/ANALYSIS
On occasion, legisl ation is amended, new bills come to the City’s attention , or existing bills move quickly through the process, requiring the City to weigh in on the measure or issue in a timely manner. The current policy, which authorizes the LPC to approve official City positions as long as they align with the adopted Citywide Legislative Policy, negatively impacts the timeliness of the City’s response when the committee is not able to meet to take an official position.
The proposed amendment to the Citywide Legislative P olicy authorizes City Staff to approve official City positions with the qualification that the official position is consistent with the City’s adopted legislative policy and that the Committee or City Staff report to the City Council on any positions, updates, recommendations, or actions taken at the earliest feasible upcoming regular meeting of the City Council.
The LPC discussed the policy updates at their regular meeting held on Tuesday, January 9, 2024, and recommended the proposed policy updates to the City Council for approval.
261
RESOLUTION NO. 2024-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, APPROVING A REVISED CITYWIDE
LEGISLATIVE POLICY
WHEREAS, the City of Chino is a growing and dynamic community that requires the support of, and coordination with, the State of California and other regional public agencies; and
WHEREAS, the City of Chino has consistently provided input and worked with partners like the League of California Cities to offer a collective and unified response to proposed legislation and/or regulations; and
WHEREAS, the City of Chino has expressed concerns with the growing trend of legislation that demonstrates an intent and pattern of limiting local control in municipal governance and administration; and
WHEREAS, given the fluidity of the legislative process, the City Council has found it imperative to establish protocols that facilitate a proactive approach to the City’s legislative review and communication process to achieve concessions beneficial to the Chino community; and
WHEREAS, City Staff understands the Citywide Legislative Policy and uses this policy to recommend official City positions on legislation and policies; and
WHEREAS, the Legislative Committee reviews and provides input to Staff regarding pending legislation and policies; and
WHEREAS, City Staff and the Legislative Committee provide reports to the City Council that include the City’s official position on legislation.
NOW, THEREFORE, the City Council of the City of Chino resolves as follows:
SECTION 1: That the recitals detailed above are true and correct.
SECTION 2: That the City of Chino adopts the revised Citywide Legislative Policy attached hereto as Exhibit A.
SECTION 3: That if any section, subsection, sentence, clause, phrase, or portion of this resolution is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this resolution. The City Council declares that it would have enacted this resolution and each section, subsection, sen tence, clause, or phrase hereof irrespective of any determination of invalidity.
SECTION 4: That this resolution revises and supersedes Resolution No. 2022-071, which adopted the previous Citywide Legislative Policy.
SECTION 5: That this resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
262
RESOLUTION NO. 2024-002
PAGE 2
APPROVED AND ADOPTED THIS 16TH DAY OF JANUARY, 2024.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
Attachment: Exhibits A – Citywide Legislative Policy
263
RESOLUTION NO. 2024-002
PAGE 3
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 16th Day of January 2024 by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
NATALIE GONZAGA, CITY CLERK
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Citywide Legislative Platform and Policy
I. Purpose Statement
To address legislative and regulatory concerns in a timely manner, this Citywide Legislative Policy details guiding principles that are organized around respective legislative, policy, and regulatory matters. Th is Citywide Legislative Policy intends to supplement the Citywide Strategic Plan while building an effective and flexible legislative advocacy strategy.
II. Guiding Principles
The Citywide Legislative Policy’s Guiding Principles are fundamental, overarching concepts that can be applied to respective legislative and/or regulatory matters. While legislative or regulatory proposals can range in breadth and complexity, these guiding principles will help narrow the City’s focus to those matters that are the most consequential to the City of Chino.
The Citywide Legislative Policy Guiding Principles include:
Preserve Local Control: Ensuring that proposed legislation supports or expand s the decision-making authority of the local agency to provide public services to its community.
Preserving local control recognizes that Chino residents, through their democratic expression, have put in place elected officials best suited to make decisions that impact the immediate community. This also recognizes that imposing State mandates without appropriate reimbursement (commonly referred to as unfunded mandates) unnecessarily encumbers City resources which places an unreasonable bu rden on local agencies to best serve their community.
Protect and Expand Local Funding and Public Finance: The City will support measures that add to funding sources (e.g., grants or other funding programs). Likewise, the City will support legislation that protects existing funding sources, revenue bases, and local control over the municipal budgeting process. Conversely, the City will oppose efforts to shift local funds to State or County governments. The City will also support legislation, that through transparent tax structures and revenue allocations, seeks to secure a level of predictability in annual tax yields.
Enhance Quality of Life: The City will support legislation that advocates for the safety, well-being, and security of its residents, businesses, and visitors. This includes legislation that assists the City and its local partners to help families with childcare needs or by providing robust after school programs; this also includes assisting those struggling with mental health and/or those experiencing homelessness. Finally, the City will support legislation that promotes public safety operations.
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III. Legislative, Regulatory, and Policy Areas:
The following are specific legislative and policy areas concerning the City of Chino. By identifying these issues, it is this policy’s intent to narrow the City’s focus on specific matters within the scope of the City’s Guiding Principles. These matters are not in ranked order. Rather, this list simply identifies matters that are consequential to the City of Chino.
A. ONTARIO INTERNATIONAL AIRPORT (OIA ): As a neighbor to the OIA, the City of Chino certainly has a clear interest in fostering a collaborative relationship with the Federal Aviation Administration, the City of Ontario, and the Ontario International Airport Authority. Therefore, the City will:
i. Support efforts that consider the quality of life for communities adjacent to OIA.
This includes promoting environmentally safe aviation techniques that not only lessen OIA’s carbon footprint but also lessen the noise pollution generated from OIA activity.
ii. Support efforts to utilize other airports within the Greater Los Angeles area that can accommodate increased activity.
iii. Support legislative and regulatory initiatives to study and mitigate the noise and air quality impacts that are associated with air traffic overflights. iv. Support legislation that seeks to promote local control with airport administration and oppose efforts to regionalize aviation oversight as to minimize adjacent community concerns and influences.
B. FEDERAL LEGISLATION: The City of Chino partners with federal agencies and utilizes federal programs to deliver public services or improve undeveloped land. Therefore, the City will:
i. Support legislation that promotes flexibility to utilize funds that best meet local needs.
ii. Will work with federal agencies to develop sustainable land use and infrastructure plans in the southern part of Chino adjacent to the Pardo Basin and Santa Ana River.
iii. Will engage our local representatives to leverage federal funding for backbone infrastructure projects and social services.
C. HOUSING AND LAND USE REGULATIONS : By representing Chino residents, it is understood that Chino elected officials are best suited to make policy decisions surrounding local land uses. T hus, the City of Chino will support legislation that strengthens local control over land use decisions. Therefore, the City will:
i. Oppose any development agreement located in the City’s sphere of influence that does not align with City standards or General Plan.
ii. Support legislation that simplifies and streamlines Housing Element requirements. 266
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iii. Support measures that provide funding to help cities address affordable housing concerns.
iv. Support efforts that increase City input when Regional Housing Needs Assessments are analyzed and developed.
v. Support any measure or legislation that seeks to preserve or build the City’s local control over planning and zoning matters.
D. FISCAL RESPONSIBILITY AND STABILITY: Chino is a dynamic and growing community that requires and expects robust public services. This means the City will adamantly protect its revenue sources while simultaneously taking prudent measures to control operational costs. Therefore, the City will:
i. Support legislation or proposals that provide greater financial independence from the State by affording the City greater latitude to generate and control its own source revenue.
ii. Oppose any legislation that would constitute as an unfunded mandate. iii. Oppose any legislation that would unfairly redistribute general purpose tax revenue (e.g., sales tax revenue yields from online purchases). iv. Oppose legislation that would limit discretion with locally imposed taxes. v. Oppose any legislation that would remove or limit tax exemptions from municipal bonds.
vi. Support any legislation that helps build predictability in local government tax revenues, and likewise, oppose any legislation that reduces or eliminates local revenue sources.
E. EMPLOYEE RELATION S AND PENSION ADMINISTRATION : The City of Chino continues to employ best practices in the field of personnel management, and desires to see that State legislation will support our efforts. Therefore, the City will:
i. Support legislation that allows the City to more independently engage in employee relations and collective bargaining.
ii. Support legislation that fairly distributes financial obligations to fund pensions and other post-employment benefits between the City of Chino and its retirees. iii. Oppose legislation that undermines the relationship and understandings among the City of Chino, City of Chino employees, and the California Public Employee Retirement System (e.g., California Senate Bill 266, 2019-2020 Regular Session). iv. Oppose legislation that seeks to impose additional financial burdens on public agencies with its pension administration, employee relations, and/or collective bargaining practices.
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F. PUBLIC SAFETY AND COMMUNITY SERVICES: The City of Chino prides itself with providing excellent and ro bust public safety, health, and recreation services . The City of Chino Police Department , Community Services Department, and Chino Valley Independent Fire District are staples in our community, and the City will support legislation that promotes their respective efforts. Therefore, the City will:
i. Support legislation that provides funding so that local agencies and their community partners are better equipped to support those experiencing mental health crises, homelessness, food insecurity, addiction, etc. ii. Support funding programs that help local agencies continue to improve, modernize, and make more accessible their local parks.
iii. Support legislation that yields greater latitude for local agencies to use asset forfeiture funds in a manner most effective for their respective communities. iv. Support legislation that assists and provides funding for local law enforcement efforts, fire suppression/prevention, hazardous materials mitigation, and disaster preparedness.
v. Support legislation that allows the City to better recoup the funds utilized when responding to a Citywide disaster/emergency.
vi. Support legislation that funds programs aimed at protecting youth from tobacco, alcohol, and drug use. This includes after school programs that offer positive activities for participants.
vii. Support legislation that strengthens law enforcement’s ability to enforce legal protections for all individuals that are victims of a crime. viii. Support legislation that helps law enforcement assuage the criminal and fiscal impacts of “early release” programs.
ix. Support legislation that funds and promotes interagency coordination.
G. LOCAL AND REGIONAL INFRASTRUCTURE: The City of Chino is a growing community that serves as a major residential and commercial area in both the Inland Empire and the Greater Los Angeles region. Given the consistent use and economic implications of Chino’s local and regional infrastructure, the City will continuously seek for opportunities that support infrastructure maintenance and construction. Therefore, the City will:
i. Support legislation that creates the framework for effective and beneficial collaboration with regional and neighboring agencies.
ii. Support legislation that provides funding and/or recognizes the importance of regional and local infrastructure within the San Bernardino, Los Angeles, Riverside, and Orange County areas.
iii. Support legislation that recognizes changing market trends and incorporates opportunities to facilitate these changing economic conditions.
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iv. Support legislation that promotes equitable fiscal liability and maintenance for regional infrastructure facilities.
H. ADMINISTRATIVE SERVICES: The City of Chino’s Administration Department serves as an intersection for all departments. The Administration Department facilitates the efforts of all departments while ensuring compliance with electoral and transparency laws. Therefore, the City will:
i. Support legislation that promotes modern, effective, and financially prudent means to meet legal noticing requirements for public meetings. ii. Support legislation that simplifies FPPC regulations and filing requirements. iii. Support legislation that cuts any unnecessary costs for municipal elections. iv. Oppose any legislation that would require additional costs without adequate reimbursement.
v. Support legislation that would assist cities in identifying, mitigating, and coming to a resolution on clear and unequivocal abuses of the California Public Records Act.
IV. Legislative Policy Committee Membership:
Each year when City Council committee assignments are established, the City Council committee assignment list shall also include the Legislative Policy Committee. Two sitting City Council members shall serve on the Legislative Policy Committee. The term of the committee assignment will continue up until th at time when the City Council committee assignment list is reviewed, modified, and approved by the City Council.
City staff support of this committee shall be determined and assigned by the City Manager.
V. Functions and Tasks of the Legislative Policy Committee:
The Legislative Policy Committee (“Committee”) shall meet as needed. All Committee meetings shall be publicly agenized and held in publicly accessible facilities pursuant to the Ralph M. Brown Act.
The Committee shall have a subpage to the Chino City Council webpage. The Committee subpage shall detail the Committee’s membership, purpose, and information on how to access agenda related materials.
The Committee will review all proposed legislation that could potentially impact the City of Chino and recommend official positions to the City Council. The Committee members will meet with State and Federal elected officials or members of their office on the legislation impacting the City. 269
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The Committee will formulate and/or approve official City responses or communications to proposed legislation impacting the City and forward those responses or communications to the City Council for approval. All signed letters or other formal means of expression will be uploaded on the Committee’s subpage.
The Committee will instruct and work with City staff and its consultants on matters relating to legislation.
For those legislative items with potentially significant impact to the City or that create an issue of timeliness for an official response, the City Council authorizes Staff to formulate and approve official City responses with the qualification that the position is determined to be consistent with the City’s legislative platform. The Committee or Staff will report to the City Council on any updates, recommendations, or actions taken by the Committee or Staff at the next regularly scheduled City Council meeting following the most recent Committee meeting.
VI. Signature Authority:
All signed letters or any other formal expressions of support or opposition to proposed legislation, regulation s, or poli cies as directed by the Committee or the City Council or formulated by Staff consistent with the City’s legislative platform as noted above, may be signed by the Mayor on behalf of the City of Chino. Given the legislative process’ fluidity and in the interest of time, should the Mayor be unable or present to sign on behalf of the City, then the City Council hereby designates the Committee members to sign on behalf of the City.
VII.. Policy Changes and Amendments:
This policy may be changed with City Council approval by way of an adopted City Council Resolution.
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MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: EUNICE M. ULLOA, MAYOR
SUBJECT
..titl e
Planning Commission Appointments.
..end
RECOMMENDATION
..recommendation
Approve the re-appointment of Jimmy Alexandris and Steve Lewis; and appointment of Vincent Lopez to the Planning Commission.
..body
FISCAL IMPACT
No fiscal impact.
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
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure:
Transfer In: Transfer Out:
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CITY COUNCIL MEETING DATE: JANUARY 16, 2024
TITLE: PLANNING COMMISSION APPOINTMENTS.
PAGE: 2
BACKGROUND
The Chino Planning Commission is a seven -member board that reviews land uses, approves development projects, and offers guidance on all planning-related issues. Pursuant to Chino Municipal Code Section 2.36.020, members of the Planning Commission are appointed by the Mayor with the approval of the City Council and serve for a term of four years.
ISSUES/ANALYSIS
The City Clerk’s office solicited applications for the Planning Commission due to the following terms scheduled to end January 1, 2024:
Vice Chair Jimmy Alexandris
Commissioner Steve Lewis
Commissioner Joanna Chavez
The application period closed on November 15, 2023 , and a total of 9 applications were received, including applications from Commissioners Jimmy Alexandris and Steve Lewis seeking re -appointment. Mayor Ulloa and Council Member Curtis Burton interviewed 8 applicants. Mayor Ulloa and Mayor Pro Tem C omstock interviewed one applicant from Council District 4. This resulted in the following recommended appointments:
Commissioner Jimmy Alexandris re-appointment for a term ending January 1 , 2028
Commissioner Steve Lewis re-appointment for a term ending January 1, 2028 Vincent Lopez appointment for a term ending January 1, 2028 (Commissioner Joanna Chavez did not apply to seek reappointment) Pursuant to Chino Municipal Code (CMC) Section 2.3 6.020 appointments to the Commission are made by the Mayor with approval of the City Council.
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