CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, FEBRUARY 20, 2024
MINUTES
CLOSED SESSION – 4:00 PM
OPEN SESSION – 6:00 PM
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CALL TO ORDER
The February 20, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:04 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.
CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.
CLOSED SESSION
Assistant City Attorney Brian Wright -Bushman read into the record the items listed on the Closed Session agenda:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9:
Chino Basin Municipal Water District v. City of Chino, et. al. (Case No. RCVRS 51010).
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case
3. EXISTING LITIGATION: City of Chino v. Loring Winn Williams, et al. and related cross-complaint (San Bernardino Superior Court Case No. CIVDS 1827623).
4. EXISTING LITIGATION: Stubbie Barr v. City of Chino (San Bernardino Superior Court Case No. CIVSB 2323286)
The City Council recessed to Closed Session at 4:05 p.m. and concluded at 5:46 p.m. The City Council reconvened the meeting at 6:00 p.m.
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FLAG SALUTE
Girls Scout Troop 5614 led the assembly in reciting the Pledge of Allegiance.
CEREMONIALS
Chino Youth Boxing Club Award Recipients. Recognition of the Chino Youth Boxing Club 2023 Award Recipients.
Mayor Ulloa called up Chino Youth Boxing Foundation President Mike Garcia, Vice President Ray Morales, Board Member Yolanda Holguin, and Coach Abraham Ortega, who presented certificates of recognition to 2023 award recipients Sebastian Oliveros, Makaylynn Porter, Mary Cruz, Robert Rodriguez, Gabriel Sun, Vincent Gonzales, Andrew Barrios, Jayden Barrios, David Duran, Elijah Gonzales, Jonatan Torres, Jayleen Mendoza.
Eagle Scout Project. Recognition of Aidan Garcia, Boy Scout Troop #201 for his Eagle Scout Project at the Chino Community Theater.
Mayor Ulloa called up Life Scout Aidan Garcia, of Troop 201, who was recognized for achieving Eagle Scout for his Eagle Scout project at the Chino Community Theatre. Aidan was joined by his parents Pete and Rebecca Garcia.
REPORT OUT OF CLOSED SESSION
Assistant City Attorney Brian Wright-Bushman reported out of closed session as follows:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9: Chino Basin Municipal Water District v. City of Chino, et. al. (Case No. RCVRS 51010).
The City Council received a briefing from Attorney Gutierrez, provided direction, and no further reportable action was taken.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case
The City Council received a briefing from Attorney Silver of Civica Law Group, provided direction, and no further reportable action was taken.
3. EXISTING LITIGATION: City of Chino v. Loring Winn Williams, et al. and related cross-complaint (San Bernardino Superior Court Case No. CIVDS 1827623).
The City Council received a briefing, provided direction, and no further reportable action was taken.
4. EXISTING LITIGATION: Stubbie Barr v. City of Chino (San Bernardino Superior Court Case No. CIVSB 2323286)
The City Council received a briefing, provided direction, and no further reportable action was taken.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.
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PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the upcoming community events:
Chino Youth Museum DairyAire 5K and Fun Run, Saturday, March 2, 2024 at 8:00 a.m. For more information, visit chinoyouthmuseum.com.
Chino Days festival is on March 16, 2024 from 2:00 p.m. - 8:00 p.m. and March 17, 2024 from 11:00 a.m. - 5:00 p.m. at the Chino Civic Center. This is a family -friendly event celebrates Chino’s culture by featuring Chino history, arts & crafts, food, live music, and more. Learn more at cityofchino.org/chinodays.
March 5 is election day. You have several options to cast your vote: vote early by mail, drop off your ballot at any designated mail ballot drop box, or vote in person at your polling place on the day of the election. For more detailed information on voting locations and other election -related topics, visit cityofchino.org/elections.
PUBLIC COMMENTS
Pastor Victor Ruiz, Living Word Assembly, provided the invocation.
Chino resident, provided a public comment, and thanked the City Council for their leadership.
PRESENTATIONS
OmniRide Presentation - Victor Cuate, Service Planning Manager, OmniTrans Victor Cuate, Service Planning Manager, OmniTrans, provided a presentation on OmniRide Chino. City Council members asked questions regarding bus fares, free rides for students, and information regarding routes.
Council Member Flores exited Council Chambers at 6:36 p.m.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 768835 to 769070, and Electronic Fund Transfers 518613E to 518688E, totaling $4,726,288.49.
2. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.
3. Annual Adoption of City of Chino and Successor Agency Investment Policy. Adopt City Resolution No. 2024 -006 and Successor Agency Resolution No. 2024 -001 containing the City of Chino and Successor Agency Statement of Investment Policy.
4. Vendor Cap Increase - Eclipse Printing & Graphics, LLC., DBA James Litho. Approve a vendor cap increase with Eclipse Printing & Graphics, LLC., DBA James Litho, in the amount of $30,000 for a total not-to-exceed amount of $80,000 for printing services.
5. Hazard Mitigation Grant Program - Prepare CA Match. Authorize the acceptance of Hazard Mitigation Grant Program in the amount of $210,000, under the Prepare CA Match program, for the non-federal cost share to update the City of Chino's Local Hazard Mitigation Plan.
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6. State of California Governor’s Office of Emergency Services Designation of Applicant’s Agent Resolution. Adopt Resolution 2024 -007 to approve the designation of the City Manager and Chief of Police as the City of Chino's agents to provide required assurances and execute agreements to obtain financial assistance for disaster aid.
7. Final Acceptance - Site Approval 2007 -07 (RVSA, LLC). Final acceptance of Public Improvements for Site Approval 2007 -07, as presented by RVSA, LLC, generally located on the northwest corner of Edison and Mountain Avenues.
8. Final Acceptance - Parcel Map No. 20058 (Ever Sun Investments, LLC ) Final acceptance of Public Improvements for Parcel Map No. 20058 and Site Approval PL18-0113, as presented by Ever Sun Investments, LLC, located at 14468 Central Avenue on the northwest corner of Central and Eucalyptus Avenues.
9. Purchase Order - Plumbers Depot, Inc. Approve a purchase order for the purchase of a sewer main inspection camera with lateral launcher equipment for $136,392.
10. Notice of Completion - Yorba Sewer Main Replacement Project - SW211. Accept the Yorba Sewer Main Replacement Project (SW211), with MNR Construction, Inc., La Verne, CA, Contract No. 2022-260, as complete.
Motion by Council Member Burton, seconded by Mayor Pro Tem Comstock, to approve the Consent Calendar items 1-10 as presented. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, AND LUCIO
NOES: NONE.
ABSENT: FLORES
Council Member Flores returned to Council Chambers at 6:39 p.m.
CONTINUED PUBLIC HEARING
11. Amendment to the Approval of the 2021 -2029 Housing Element Update and Introduction of Ordinance No. 2024-003 (ZOA PL23-0133). Approve Resolution No. 2024-004 for the adoption of amendments to the City of Chino 2021 -2029 Housing Element required by the California Department of Housing and Community Development; and approve the introduction of Ordinance No. 2024-003.
Staff Report By: Michael Hitz, Principal Planner
RECOMMENDATION: 1) Continue a public hearing; 2) approve Resolution No. 2024 -004 adopting an amendment to the City of Chino 2021 -2029 Housing Element, including any additional non -substantive revisions required by the California Department of Housing and Community Development (HCD); 3) approve the introduction of Ordinance No. 2024 -003, to be read by number and title only, and waive further reading of the Ordinance; and 4) authorize the City Manager to file all documents with HCD on behalf of the City.
Mayor Ulloa announced the continuation of the Public Hearing from the February 6, 2024 Regular City Council meeting.
Michael Hitz, Principal Planner, provided a brief update on the item, noting a City Workshop took place on February 13, 2024, to review questions and concerns of the City Council.
City Council Members inquired about Builders Remedy, By -Right, and the requirement of a Measure M vote. Assistant City Attorney Wright -Bushman provided further information on the rights of developers, what would trigger a Measure M vote, and how the State can override
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local control.
Mayor Ulloa invited the public to speak on this item.
Larry Walker, retired City Council Member and Mayor, provided a public comment, outlining several points to urge the City Council to not approve the Housing Element amendments as presented, and suggested a lawsuit or moratorium.
Council Member Lucio discussed mixed -use overlays and felt misinformed due to the fact that the overlay sites can be developed as 100% residential with no commercial component and he believes we need to start the process over and will not be voting for the item.
Council Member Burton agreed with Council Member Lucio and noted we have unique city that doesn’t match a lot of other larger cities in California that may benefit from this type of plan. It may be best to work directly with the State to find what will work best for our City.
Mayor Pro Tem Comstock noted the importance of not changing zoning after the purchase of property, shared about the need for affordable housing, and stated the way the Housing Element is currently being presented can be catastrophic for certain areas of the Community and does not believe this is a good thing for Chino.
Council Member Flores shared the same sentiments as the other City Council Members and promised residents the City Council will do everything they can for the best of the City and asked for their trust.
Mayor Ulloa inquired about related existing litigation. Staff was not certain of any official legal action against the State. Assistant City Attorney Wright -Bushman noted a legal challenge related to a RHNA number allocation that was unsuccessful.
Mayor Ulloa discussed the RHNA number allocation and the difficulty with meeting the requirements and difficulty to challenge the requirements placed on local government by the State.
Mayor Ulloa expressed concern with approving the Housing Element because “mixed-use” was understood by the City Council as a mix of commercial and residential, and clarified it was not clear that 100% residential would be allowed on the identified mixed -use sites. She also expressed concern with not adopting the Housing Element due to Builders Remedy and By-Right allowed if the City does not have a certified Housing Element in place.
Mayor Pro Tem expressed concern regarding dismissing the vote of the overlay and Measure M and would prefer to pursue further with the State before approving.
Council Member Flores inquired about the idea of a moratorium and Assistant City Attorney Wright-Bushman confirmed State law would prohibit a moratorium unless there was an imminent threat to health and safety to residents, which would also have to be approved by the State.
Mayor Pro Tem Comstock inquired regarding penalties for unapproved Housing Element and Consultant David Barquist, Kimley -Horn, stated there is potential but does not know what that would be. City Manager Reich confirmed the City currently does not qualify for approximately $600,000 in grant funds earmarked for transitional housing.
Assistant City Attorney Wright -Bushman clarified the mixed -use overlays are already in place
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which currently allows up to 90 -95% residential development in the specified areas, and an approval tonight would potentially change this to 100% residential.
In response to City Council questions, Assistant City Attorney Wright-Bushman provided details regarding the development of by-right projects.
In response to Mayor Ulloa’s question, Mr. Hitz noted 33% of the Cities in the Southern California Association of Governments (SCAG) Region do not have a certified Housing Element (66/197). In San Bernardino County, 11 Cities do not have a certified Housing Element. Mayor Ulloa asked that Mr. Hitz contact the 11 Cities to see their status in the process.
Assistant City Attorney Wright -Bushman noted the City of Huntington Beach sued the State over these mandates and lost.
Mayor Pro Tem Comstock clarified she would like to move forward to work constructively with the State to certify the Housing Element. Mr. Hitz confirmed they can continue the conversations with the California Department of Housing and Community Development (HCD).
Council Member Flores suggested City Council be involved in the conversations and recommended to table the item.
The item was tabled.
Motion by Council Member Flores, seconded by Council Member Lucio, to table the item. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
NEW BUSINESS
12. City of Chino ADA Title II Self -Evaluation and Transition Plan. Final Approval and Adoption of the ADA Title II Self-Evaluation and Transition Plan.
Staff Report By: Lisa Almilli, Accessibility Coordinator RECOMMENDATION: Adopt Resolution No. 2024 -005 for the approval and adoption of the City of Chino ADA Title II Self-Evaluation and Transition Plan.
Lisa Almilli, Accessibility Coordinator, provided a presentation on the item.
Mayor Pro Tem Comstock expressed appreciation for having a document for the City to follow.
Mayor Ulloa noted we have two identified amounts of settlement funds to be used for accessibility compliance required to be spent and properly tracked as soon as possible. In response, Deputy Director of Development Services Michael Heroux noted his team will work with Public Works to complete the projects as soon as possible and the ADA Transition Plan will provide clear direction and is a living document that will be updated as projects are completed.
Motion by Council Member Flores, seconded by Council Member Lucio, to Adopt Resolution No. 2024 -005 for the approval and adoption of the City of Chino ADA Title II
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Self-Evaluation and Transition Plan. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
13. Community Services, Parks & Recreation Commission Appointment. Approve appointment to the Community Services, Parks & Recreation Commission.
Staff Report By: Mayor Eunice M. Ulloa
RECOMMENDATION: Approve the appointment of Stephanie Mendoza to the Community Services, Parks & Recreation Commission.
Motion by Council Member Flores, seconded by Council Member Lucio, to Approve the appointment of Stephanie Mendoza to the Community Services, Parks & Recreation Commission. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
Mayor Ulloa directed the City Clerk to administer the Oath of Office to the new commissioner.
City Clerk Natalie Gonzaga administered the Oath of Office to Stephanie Mendoza.
Newly appointed Commissioner Mendoza introduced herself and expressed her enthusiasm to serve on the Commission.
Mayor Ulloa reported on meetings and events attended since the last meeting that included the OmniTrans and San Bernardino County Transportation Authority Board of Directors meetings; recording Mayor's Messages; San Bernardino Archdiocese Good Samaritan Award Celebration where Charleen King from Isaiah's Rock was honored; City Manager meeting; February 13 City Council Workshop; Mayors Prayer Breakfast; OmniTrans Administrative and Finance Committee meeting; SBCTA Transit and Metro Valley Committee meetings; City of Upland Reservoir 15 Ribbon Cutting; and Closed Session.
Mayor Pro Tem Comstock
Mayor Pro Tem Comstock recognized February as Black History Month; reported the City of Chino will be celebrating its 114 Birthday this month; and announced the Soroptimist "Stepping Up" seminar for sixth grade girls taking place on March 2, 2024 at Don Lugo High School.
Council Member Burton
14. Community Support Fund - Council Member Burton. Approve community support fund contribution to Chino American Little League and Chino National Little League.
Staff Report By: Council Member Burton
RECOMMENDATION: Approve community support fund contributions to: Chino American Little League ($500) and Chino National Little League ($500).
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Motion by Council Member Flores, seconded by Mayor Ulloa, to Approve community support fund contributions to: Chino American Little League ($500) and Chino National Little League ($500). The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
Council Member Burton reported on meetings and events attended since the last meeting that included a meeting with Cattle Ranch Cafe business owner who has a great desire to be a partner with the City; Investment Committee meeting; City Manager meeting; Cultural Foundation meeting; February 13, City Council Workshop; Mayors Prayer Breakfast; Chino Valley Leadership Collaborative; and Closed Session.
Council Member Flores
Council Member Flores reported on meetings and events attended since the last meeting that included San Bernardino Archdiocese Good Samaritan Award Celebration where Charleen King from Isaiah's Rock was honored; Investment Committee meeting; meeting with a business owner; meeting with staff regarding a special needs collaborative; City Council Workshop; Mayor's Prayer Breakfast; and the Chino Valley Fire District Board Meeting where their therapy dog, Riley, was awarded her fire badge; and Wave Pain Specialists Grand Opening.
Council Member Lucio
15. Community Support Fund - Council Member Lucio. Approve community support fund contribution to Chino Youth Boxing Foundation.
Staff Report By: Council Member Lucio
RECOMMENDATION: Approve community support fund contributions to Chino Youth Boxing Foundation ($1,000).
Motion by Council Member Flores, seconded by Council Member Burton, to Approve community support fund contributions to Chino Youth Boxing Foundation ($1,000). The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
Council Member Lucio reported on meetings and events attended since the last meeting that included the California Institution for Men/California Institute for Woman Citizen Advisory Committee, and highlighted they have raised a $4,000 donation this year for the Chino Boxing Foundation; City Manager meetings; and February 13, City Council Workshop.
Council Member Lucio provided updates on Chino High School wrestling qualifications and congratulated his son's wrestling accomplishments.
City Manager's Report
City Manager Reich provided a reminder to the City Council for the 44th Annual Student Government Day in partnership with the Chino Valley Unified School District and thanked City staff for their hard work and preventative maintenance in response to the recent storms.
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City Attorney's Report
Assistant City Attorney Brian Wright-Bushman had no report.
Police Chief's Report
Chief Mensen announced the upcoming Community Academy is starting March 27, 2024 with applications available through the Chino Police Department social media or by calling 909-334-3378; and provided an update on impacts related to the recent storm.
Fire Chief's Report
Fire Chief Williams thanked Council Member Flores for his recognition of the Fire District therapy dog Riley and announced the District's participation in upcoming Student Government Day and Chino Youth Boxing Foundation Event.
ADJOURN
The meeting adjourned at 8:12 p.m. The next Regular Meeting of the City Council will be held on Tuesday, March 5, 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 5TH DAY OF MARCH 2024.
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EUNICE M. ULLOA, MAYOR
ATTEST:
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NATALIE GONZAGA, CITY CLERK
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(These minutes are not official until signed.)