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, APRIL 2, 2024
REGULAR MEETING
AGENDA
CLOSED SESSION – 4:45 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 - ANTICIPATED LITIGATION Initiation of litigation pursuant to Paragraph (4) of Subdivision (d) of Government Code Section 54956.9. Number of Cases: One Case
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Pursuant to Paragraph (1) of Subdivision (d) of Government Code Section 54956.9 Hoffman v. City of Chino, San Bernardino County Superior Court, Case No. CIVDS2016095
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code Section 54956.8
Property: 13201 9th Street APN 1020262240000
Agency Negotiator: Linda Reich, City Manager; Negotiating Parties: Kavous Emami Under Negotiation: Price and terms of potential acquisition 1 CHINO CITY COUNCIL
APRIL 2, 2024 2
FLAG SALUTE
CEREMONIALS
Proclamations
Arbor Day. Proclaim April 5, 2024 as Arbor Day in the City of Chino.
Autism Awareness Month. Proclaim April 2024 as Autism Awareness Month in the City of Chino.
Child Abuse Prevention Month. Proclaim April 2024 as Child Abuse Prevention Month in the City of Chino.
Donate Life Month. Proclaim April 2024 as Donate Life Month in the City of Chino.
Presentations
City of Chino 2023 Photo Contest Winners. Recognition of Photo Contest Winners:
- Chino Animals: Jessica Lau
- Chino Fun: Heather Peralta
- Chino Living: Carolina Becerril
- Chino Nature & Landmarks: Jorge Borjas
- Chino Sports: Kimora Moore
Business of the Month. Award of Business of the Month for April 2024 to Peach Body Studios.
Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for April 2024.
REPORT OUT OF CLOSED SESSION
AGENDA ADDITIONS/REVISIONS
INFORMATION
External Agency Reports. Receive and File External Agency Reports for January 2024 and February 2024.
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). 2 CHINO CITY COUNCIL
APRIL 2, 2024 3
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 769739 to 769952, and Electronic Fund Transfers 518936E to 519014E, totaling $3,110,768.71.
2. Minutes. Regular Meeting Minutes for March 19, 2024 (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. City Council Temporary Advisory Committees. Approve request to establish temporary advisory committees regarding the 1) General Plan Update 2) Housing Element Update and 3) Heman G Stark Youth Correctional Facility Property.
5. Proposed Revision of the City of Chino Citywide Legislative Policy. Adopt Resolution 2024-002 to approve the City of Chino Citywide Legislative Policy updates.
6. Report on State and Federal Legislative Issues. Approve the City of Chino positions on legislation as specified in the Tracked State Legislation March 21, 2024 report and receive and file position letters on legislation, the High Priority Legislative Items Report, and the Federal Update.
7. Annual Comprehensive Financial Report for Fiscal Year 2022 -23. Receive and file the City of Chino's Annual Comprehensive Financial Report for Fiscal Year 2022-23.
8. Declaration of Intention to Establish Improvement Area 11 in Community Facilities District 2003-3 and incur Bonded Indebtedness for the Improvement Area. Adopt Resolution No. 2024-011 and Resolution No. 2024 -012; approve a Reimbursement Agreement between the City of Chino and The Chino Preserve Development Corp.; and authorize the City Manager to execute all necessary documents on behalf of the City.
9. Amendment to Agreement - CrossPoint Church. Approve the Third Amendment to the Contract between CrossPoint Christian Reformed Church of Chino and the City of Chino to extend the term for an additional year to allow for continued truck and container storage on church property.
10. 2023 General Plan and Housing Element Annual Report. Receive and file the 2023 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor's Office of Planning and Research and the California Department of Housing and Community Development.
11. Adoption of Ordinance No. 2024 -004. Adopt Ordinance No. 2024 -004 - Zone Ordinance Amendment PL23-0119 (Second Reading).
ORDINANCE NO. 2024 -004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE SIGN CODE (TITLE 16 OF THE MUNICIPAL CODE) AND ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL23-0119 (ZONE ORDINANCE AMENDMENT)
12. Adoption of Ordinance No. 2024 -006. Adopt Ordinance No. 2024 -006, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading). 3 CHINO CITY COUNCIL
APRIL 2, 2024 4
ORDINANCE NO. 2024 -006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY.
13. Award a Professional Services Agreement with Butier Engineering, Inc., Tustin, CA for Construction Management, Testing, and Inspection Services for Projects No. WA212 and WA214. Award a Professional Services Agreement in the amount of $2,172,358 for Construction Management for Projects WA212 and WA214.
14. Construction Credit/Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of Water Source, Storage, and Distribution Improvements at Various Locations in The Preserve. Adopt Resolution 2024 -009 and approve a construction credit/reimbursement agreement for an amount not to exceed $28,753,683.02 for the construction of water source, storage, and distribution improvements at various locations in The Preserve.
NEW BUSINESS
15. Construction Credit/Reimbursement Agreement with Chino Development Corporation, a California Corporation, and Chino Preserve Development Corporation, a California Corporation for the Construction of Storm Drain Improvements at Various Locations in The Preserve. Adopt Resolution 2024 -013 and approve a construction credit/reimbursement agreement for an amount not to exceed $6,485,122.11 for storm drain improvements at various locations in The Preserve; and appropriate $500,000.00 (Fund 263).
Staff Report By: Sylvia Ramos, Associate Engineer
RECOMMENDATION: 1) Appropriate $500,000.00 to the Storm Drain Fund with a corresponding year -end transfer in the same amount from The Preserve Storm Drain Development Impact Fee Fund (Fund 263); 2) adopt Resolution 2024 -013 memorializing Chino Development Corporation, a California corporation rights to the highest priority reimbursement from The Preserve Storm Drain Development Impact Fee Fund (Fund 263 ); 3) approve a construction credit/reimbursement agreement with Chino Development Corporation, a California corporation and Chino Preserve Development Corporation, a California corporation for an amount not to exceed $6,485,122.11 for the construction of storm drain improvements at various locations in The Preserve; 4) approve an immediate reimbursement to Chino Development Corporation, a California corporation in the amount of $500,000.00 for said improvements; and 5) authorize the City Manager to execute all the necessary documents on behalf of the City.
16. Certification of Election Results for the March 5, 2024 Special Municipal Election (Ballot Measure V). Adopt Resolution No. 2024 -014, reciting the facts of the Special Municipal Election, declaring the results and such other matters as provided by law, and adopt Ordinance No. 2024-007 (Second Reading).
Staff Report By: Natalie Gonzaga, City Clerk
RECOMMENDATION: Approve 1) adoption of Resolution No. 2024-014 reciting the facts of the City of Chino Special Municipal Election held on March 5, 2024, declaring the results and such other matters as provided by law and 2) adoption of Ordinance No. 2024 -007, a New Chapter
3.18 Transactions and Use Tax of the Chino Municipal Code (Second Reading).
ORDINANCE 2024 -007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, ESTABLISHING A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
4 CHINO CITY COUNCIL
APRIL 2, 2024 5
17. Administration and Examination of Records of the Local Transaction and Use Tax (Measure V).
Adopt Resolutions authorizing agreements with California Dept. of Tax and Fee Administration to implement a local transaction and use tax and authorize examination of sales or transactions and use tax transactions; approve a contract with HdL Companies.
Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: Approve 1) Adopt Resolution No. 2024 -015 authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration to implement a local transaction and use tax; 2) adopt Resolution No. 2024 -016, rescinding Resolution No. 2003 -32 and authorizing examination of sales or transactions and use tax by City officials and an independent contractor; 3) approve a contract between HdL Companies and the City of Chino for the administration of the City’s 1% Transaction and Use Tax (Measure V); and 4) authorize the establishment of Fund 103 titled Measure V 2024.
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
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
18. Community Support Fund - Council Member Flores. Approve community support fund contribution to Don Lugo Sports Booster.
Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $500 to Don Lugo Sports Booster.
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, April 16, 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 Friday, March 29, 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.
5 CHINO CITY COUNCIL
APRIL 2, 2024 6
_______________________________________
Natalie Gonzaga, City Clerk.
6 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Proclaim Friday, April 5, 2024, as Arbor Day in Chino in accordance with the National Arbor Day Foundation.
..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:
Positive City Image
7 8
MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Proclaim April 2024, as Autism Awareness Month.
..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:
Commitment to Our Community
Positive City Image
Partnerships & Teamwork
9 10
MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Proclaim April 2024 as Child Abuse Prevention Month.
..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:
Commitment to Our Community
Positive City Image
Public Service Excellence Through Internal & Partnerships Superior Customer Service
11 12
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
Proclaim April 2024, as Donate Life Month in the City of Chino. ..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:
Public Service Excellence through Internal and External Partnerships
13 14
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
City of Chino 2023 Photo Contest Winners.
Recognition of Photo Contest Winners:
Chino Animals: Jessica Lau, Bad to the Bone
Chino Fun: Heather Peralta, Cruisin'
Chino Living: Carolina Becerril, Momentos mágicos inolvidables en Chino (Unforgettable Magical Moments in Chino)
Chino Nature & Landmarks: Jorge Borjas, Most Amazing Nature in Our Backyard! Chino Sports: Kimora Moore, Family and Sports Picture ..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:
Positive City Image
15 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 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 March 2024.
..end
..body
16 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 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 April 2024. ..end
..body
17 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
External Agency Report for January 2024 (Covering meetings from December 5, 2023 - January 31, 2024) and External Agency Report for February 2024 (Covering meetings from February 1, 2024 - February 29, 2024).
..end
..body
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:
Positive City Image
Superior Customer Service
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
BACKGROUND
Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. While the frequency of meetings varies by agency, many meet monthly. Others meet quarterly, bi-monthly, or on an as-needed basis.
ISSUES/ANALYSIS
The attached Monthly Agency Report s for January 2024 and February 2024 summarize recent discussions and actions during external meetings attended by City Council Members, focusing on items that may impact or be of interest to the City of Chino, its residents, and its businesses.
The January 2024 report covers meetings that occurred from December 5, 2023, to January 31, 2024. The February 2024 report covers meetings from February 1 – February 29, 2024.
18 C I T Y O F C H I N O
MONTHLY AGENCY REPORTS
FEBRUARY 2024 – Covering Meetings From December 5, 2023 – January 31, 2024 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.
CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio | Staff Report By: Silvia Avalos Meeting Date: December 12, 2023
Chaffey College Superintendent Dr. Henry Shannon introduced Dr. Margaret Fernandez as the new Dean of the Chino Campus for Chaffey College.
Chaffey College Event Coordinator Rita Elias shared the Chaffey College Chino Community Center Event Schedule for December 2023 – February 2024 and the Revenue Projection Form for December 2023 – May 2024. The Center is averaging 7 rentals per month, with an event already booked for 2025.
Ms. Elias presented a proposal to host a bridal open house at the Chaffey College Chino Community Center that was unanimously approved as presented to the committee.
Patrick Cabildo, Chaffey College Director of Business Services, provided an update on the finances for the Chaffey College Chino Community Center. He shared the Balance Sheet and Income Statement for the Center through September 30, 2023, reflecting a total capital of $222,789 and a total year -to-date profit of $2,402.
Operating expenses were high due to the purchase of new tables, with the budget otherwise on target within 25% with one-quarter of the year reporting.
Next anticipated meeting date: April 16, 2024.
CHINO VALLEY CHAMBER OF COMMERCE
Council Representative: Chris Flores | Staff Report By: Ellyse Martinez Meeting date: January 15, 2024 (Board meeting)
City staff gave an educational presentation on Measure V.
CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: January 4, 2024
The Board of Directors conducted routine business. No current items to report.
CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: January 11, 2024 – Meeting of the Appropriative Pool 19 MONTHLY AGENCY REPORTS – FEBRUARY 2024 (Covering Meetings From 12/5/23 – 1/31/24) PAGE 2
There are numerous significant, in-process efforts underway by Chino Basin Watermaster stakeholders. These include the evaluation of the Basin Safe Yield, the development of a Water Quality Plan, and a Storage and Recovery Master Plan.
CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: January 10, 2024
1. During the Liaison Reports to the Fire District, Mayor Pro Tem Karen Comstock reported on numerous community events, including two Chino City Hall on the Move events and Chilly Chino Snow Day. She also provided educational information on Measure V, the City of Chino Public Safety, Roads, and Essential Services Measure, on the March 5, 2024, ballot. She also announced the City is seeking public input on the final draft of the City of Chino Americans with Disability Act Transition Plan, public comments will be accepted through January 27th at 5:00 p.m.
2. Fire Board Compensation – The Fire District Board discussed increasing Board compensation, which is currently set at $175 per meeting with a ten -day maximum number of compensable meetings/service days in a calendar month. The maximum allowable increase per mitted by state law is $192.50 per meeting. Director Kreeger moved, seconded by Vice President Ramos -Evinger, for the Board of Directors to direct staff to prepare an Ordinance for consideration at the February 14, 2024, regular meeting to adjust the Board Member compensation to $183.86 per meeting. The motion carried 4-1 on a voice vote, with Director DeMonaco voting against.
3. During the Fire Chief’s comments, he reported that from January 28 through February 1, Fire District Board representatives would be in Washington, D.C. , to meet with legislators to discuss items of interest. He also reported that during the Ambulance RFP Workshop/CONFIRE meeting, the County Ambulance Deployment Plan Overview was discussed, and applications for an Executive Director are currently being accepted.
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: December 14, 2024
1. Organizational Meeting - The CVUSD Board of Education held its organizational meeting, during which the election of CVUSD officers and representatives to external entities was held. a. Sonja Shaw was elected President of the Board by a vote of 3-0-2, with board members Bridge and Monroe abstaining.
b. Jonathan Monroe was elected Vice President on a vote of 3-0-2, with board members Bridge and Monroe abstaining.
c. Andrew Cruz was elected Clerk of the Board on a vote of 3-0-2 with board members Bridge and Monroe abstaining.
d. The following were selected on a vote of 5-0: Sonja Shaw as liaison to the City of Chino; Andrew Cruz and James Na as Joint Meeting representatives with the City of Chino. 20 MONTHLY AGENCY REPORTS – FEBRUARY 2024 (Covering Meetings From 12/5/23 – 1/31/24) PAGE 3
2. Proposed Increase of Board Compensation
Cruz moved, and Shaw seconded a proposal to approve a 5% compensation increase for the Board of Education effective December 15, 2023. Na moved, and Monroe seconded, pulling the item. Na's motion passed 3-2, with the student representative voting Yes and Shaw and Cruz voting No.
3. Chino Youth Christmas Parade - Several Board Members discussed attending the City's Christmas Parade.
Meeting Date: January 18, 2024
1. Legacy Academy - The Board approved numerous change orders for the construction of the Legacy Academy in The Preserve.
2. Other Items - Several Board Members discussed the Chino PD Run for Russ 5K and praised former Chino PD School Resource Officer Tillman.
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos Meeting Date: January 31, 2024
The Committee was provided with an update on construction at various schools.
Chino High School Alterations
Chino High School’s alterations, Phase 3, continue to progress towards completion in spring 2024. Work is underway to modernize the original Frank Elder Gymnasium, the existing boys’ locker room, as well as the swimming pool and pool house. The pool, in addition to being replastered, will receive upgraded mechanical and chemical equipment, new grandstands with a shade shelter, and a new scoreboard. The gymnasium will receive new lighting, HVAC upgrades, and a crucial new storm drain system. Locker rooms wil l receive new lockers in both the home and visitor team rooms, additional band storage, and modernized athletic offices.
Lastly, all buildings will receive full plumbing and fixture upgrades, as well as all code-required ADA improvements.
Eagle Canyon Elementary School Modernization
Phase 5 is on track and is comprised of three buildings: Building C2 houses two classrooms, administrative offices, and a library. All spaces are scheduled to be turned over on July 15, 2024, for full utilization.
Mechanical, electrical, and plumbing (MEP) work is ongoing in all three buildings.
Legacy Academy
Building D mechanical, electrical, and plumbing (MEP) systems, drywall and tackable wall panels, casework, and exterior plaster are complete. Buildings AA/AB/AC MEP, drywall, casework, and exterior plaster are complete. Buildings B and D exterior lath and plaster are on-going. Administrative offices are scheduled to be turned over in May. Year-round school opens in July 2024.
Front Office Relocations – Group A – Anna Borba, EJ Marshall, and Walnut Elementary Schools Anna Borba Elementary School MEP, framing, and drywall are complete; lath and plaster are ongoing. EJ Marshall and Walnut Elementary Schools' underground utilities, slab on grade, and stem walls are complete, 21 MONTHLY AGENCY REPORTS – FEBRUARY 2024 (Covering Meetings From 12/5/23 – 1/31/24) PAGE 4
and framing is ongoing.
Front Office Relocations – Group B – Glenmeade, Litel, and Oak Ridge Elementary Schools Construction is underway at all three sites. Glenmeade Elementary School’s brand-new administration building has been erected, with initial framing complete and utility rough -in underway. Once complete, the former administration building will be modernized into the site’s library. Litel and Oak Ridge Elementary Schools received identical administration office upgrades and have begun working from these new spaces.
Construction then moved into each site’s existing administration offices and MPRs to begin alterations. Prior site offices will be converted into the school library and teacher workspace, while the MPR will receive lighting, flooring, and A/V upgrades. ADA upgrades will take place at all three sites.
CITIZENS’ ADVISORY COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher No meeting during this reporting period.
INLAND EMPIRE UTILITIES AGENCY REGIONAL SEWERAGE PROGRAM Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley No meeting during this reporting period.
LEAGUE OF CALIFORNIA CITIES – Inland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez Meeting Date: December 7, 2023
1. The League of California Cities held elections. Mayor Pro Tem Karen Comstock was elected to the Inland Empire Division Executive Committee as a Division Officer.
2. Chief Kevin Mensen was appointed as a member to the Public Safety Policy Committee.
LEAGUE OF CALIFORNIA CITIES – Legislative Task Force
Council Representative: Karen Comstock | Staff Report by: Vivian Castro No meeting during this reporting period.
OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: January 3, 2024
1. Regional Mobility Partner (RMP) Guideline Update and 2024 Call for Projects ($3 million/year for 2 years) This item updates existing Regional Mobility Partnerships between member agencies and OmniTrans for services provided by OmniTrans to ensure these public transit services are streamlined , avoiding duplication, and encouraging the expansion of these services , mainly funded by Measure I. Chino was previously awarded $229,374 that funds services such as OmniRide (an Uber/ Lyft-like mobility option) and OmniAccess for door-to-door transit for residents with disabilities. This item changes the criteria for funding CPI -related application s, clarif ies a local 5% cash match, and establishes capital replacement 22 MONTHLY AGENCY REPORTS – FEBRUARY 2024 (Covering Meetings From 12/5/23 – 1/31/24) PAGE 5
requirements for programs and services funded by these programs. This item includes a call for new projects that will improve mobility and transportation coordination. City staff are not aware of any expansions or new projects in Chino. The intention is that existing programs will continue to be funded. a. Schedule: Open 1/5/24, Close 3/6/24, Award 6/4/24, Begin 7/1/24. b. Goals: New & expanded projects that will improve mobility and transportation coordination as described in the RMP Guidelines.
2. Potential Projects for SB125 Funding
This item identifies potential projects that could utilize SB125 transit funding. SB125 was intended to help close operating shortfalls and to help fund capital projects. SBCTA administers this funding using a population-based funding plan. OmniTrans is an eligible recipient of this funding and has identified guidelines for project prioritization and potential projects. On the operating side, funding for expanded security and ambassador program, expanded fixed route services for sbX Green & Purple Lines, an d increased frequency on the core network have been identified that include services in Chino. On the capital projects side, the Mid -Valley BRT line, Hydrogen fueling infrastructure, and electrification of the sbX Greenline have been identified as potential projects. a. Operating Projects: Expanded Security & Ambassador Program, Weekend Service on sbX Green & Purple Lines, Increased frequency on Core Network.
b. Capital Projects: Mid -Valley Bus Rapid Transit Line, Hydrogen Fueling Infrastructure, and Electrification sbX Greenline.
3. Reaffirm Vice Chair Frank Navarro from the City of Colton as Chair of the Board, creating a vacancy in the Vice Chair position. Alan Wapner from the City of Ontario was elected as Vice Chair to fill the current term ending June 30, 2025.
Next anticipated meeting date: March 6, 2024
ONTARIO INT’L AIRPORT INTER -AGENCY COLLABORATIVE
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.
SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Joslyn Blakely No meeting during this reporting period. The Task Force last met on September 9, 2023.
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: January 3, 2024
1. SBCTA / Western Riverside Council of Governments ( WRCOG) – Emergency Evacuation Network Resilience Study – Received a grant from Caltrans and release d a Request for Proposals (RFP) with a budget of $1.5 million in grant funding from the Sustainable Transportation Planning Grant. As a member 23 MONTHLY AGENCY REPORTS – FEBRUARY 2024 (Covering Meetings From 12/5/23 – 1/31/24) PAGE 6
jurisdiction, the City of Chino will be included in the execution of this study.
2. San Bernardino County Multimodal Transportation Fourth Quarter Update for FY 2022-23 Item a – The update shows s light decreases in total ridership of all modes from the prior quarter mainly related to seasonal changes in the mountain areas . Trips are up compared to the prior year Q4 (FY2021-22). This item is a quarterly update to the Board on overall ridership across all SBCTA-related transportation programs, including rail and transit services, and includes ridership within the City of Chino.
3. Summary of Measure I 5-Year CIP of Member Agencies - There are 26 City of Chino Measure I CIP projects totaling $7,917,819. Chino’s projects are in various stages of completion, from planning to closeout, with some allocation changes from Measure I occurring based on Chino’s adopted 5-year CIP budget plan.
4. San Bernardino Council of Governments (SBCOG) Services and Member Dues and Amendment #4 to Joint Powers Authority Agreement
a. Accepted the SBCOG Ad-Hoc Committee’s recommendation to increase the SBCOG’s work capacity, staff, and budget by increasing each agency’s membership dues by a new formula based on 50% Population and 50% General Fund Revenues.
b. Approved Amendment #4 to the Agreement for the Joint Powers relative to the San Bernardino Associated Governments (SANBAG) JPA, which officially changes the JPA’s name from SANBAG to SBCOG and the process for determining membership dues. The JPA amendment would increase the City of Chino’s dues and would have to be considered for adoption by the Chino City Council.
Next anticipated meeting date: March 6, 2024
SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez SBCTA is currently accepting applications for the Board. Applications are due Friday, March 8, 2024.
SCAG – General Assembly
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No General Assembly meeting during this reporting period.
Assistant City Manager Jackie Melendez and staff attended the SCAG Economic Summit on December 7, 2023.
Santa Ana Watershed Advisory Council
Council Representative: Chris Flores | Staff Report by: Dave Crosley No meeting during this reporting period.
Water Facilities Authority Board of Directors
Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley Meeting Date: January 18, 2024
The WFA Board of Directors conduct ed routine business, including approving staff-recommended mid-year budget adjustments and a discretionary payment to CALPERS’ Classic Members Unfunded Accrued Liability. 24 MONTHLY AGENCY REPORTS – FEBRUARY 2024 (Covering Meetings From 12/5/23 – 1/31/24) PAGE 7
West Valley Mosquito and Vector Control District
Council Representative: Chris Flores | Staff Report by: Vivian Castro Meeting Date: December 5, 2023
1. Rancho Cucamonga Council Member Elisa Cox was sworn in as a Trustee for the West Valley Mosquito and Vector Control District representing her city.
2. Trustees were provided reports on several matters, including field operations, vector and disease surveillance, outreach activities, and administrative issues.
25 C I T Y O F C H I N O
MONTHLY AGENCY REPORTS
MARCH 2024 - Covering Meetings From February 1 to February 29, 2024 Members of the Chino City Council are assigned to represent the City on several external agencies, committees, boards, and task forces. This report summarizes the actions and discussions of those entities as they may impact or be of interest to the City of Chino, its businesses, and its residents.
CHAFFEY COLLEGE CHINO COMMUNITY CENTER OVERSIGHT COMMITTEE Council Representative: Marc Lucio | Staff Report By: Silvia Avalos No meeting during this reporting period.
Next anticipated meeting date: April 16, 2024
CHINO VALLEY CHAMBER OF COMMERCE
Council Representative: Chris Flores | Staff Report By: Ellyse Martinez February 19, 2024
Staff attended a Chamber Mixer at Chaos Bubble Shoppe on 2/22 to meet and get to know local business owners.
Next anticipated meeting date: March 20, 2024
CHINO BASIN DESALTER AUTHORITY
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: February 1, 2024
The CDA Board of Directors conducted routine business, including approval of a 4.4% COLA for 2024.
Next anticipated meeting date: March 7, 2024
CHINO BASIN WATERMASTER
Council Representative: Eunice Ulloa | Staff Report By: Dave Crosley Meeting Date: February 22, 2024
The Chino Basin Watermaster Board of Directors conducted routine business and received routine monthly reports.
Next anticipated meeting date: March 28, 2024
CHINO VALLEY INDEPENDENT FIRE DISTRICT Liaison to Board of Directors Council Representative: Karen Comstock | Staff Report By: Linda Reich Meeting Date: February 14, 2024
Council Member Chris Flores provided a report from the City of Chino during the Liaison Reports to the Fire District. He thanked the Fire District for their hard work in preparing for and responding to the recent storms. 26 MONTHLY AGENCY REPORTS – MARCH 2024 (Covering Meetings From 2/1/24 – 2/29/24) PAGE 2
Council Member Flores provided information about two upcoming City events, the Dairy Aire 5K and Fun Run on March 2 and the Second Annual Chino Days event on March 16 and March 17.
He noted that those interested in learning more about Measure V, the Chino Public Safety, Roads, and Essential Services Protection Measure that will be on the upcoming March 5, 2024 ballot, are invited to visit cityofchino.org/measurev for information on the proposed ballot measure.
Next anticipated meeting date: March 13, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT
Council Representative: Curtis Burton | Staff Report By: Vivian Castro Meeting Date: February 1, 2024
During Board Member Communications, Board Members Don Bridge and Andrew Cruz congratulated the Chino High School boys wrestling team and Nathan Garcia for winning the CIF Division 4 dual meet title.
Meeting Date: February 15, 2024
1. The Board received the 2022-23 Independent Auditor’s annual Financial Audit Report.
2. The Board received the Measure G Financial/Performance Audit Report.
Next anticipated meeting date: March 7, 2024
CHINO VALLEY UNIFIED SCHOOL DISTRICT – Measure G Oversight Committee Council Representative: Karen Comstock | Staff Report By: Silvia Avalos No meeting during this reporting period.
Next anticipated meeting date: May 1, 2024
CITIZENS’ ADVISORY COMMITTEE FOR CIM & CIW
Council Representative: Marc Lucio | Staff Report By: Aaron Kelliher February 13, 2024
1. At the California Institute for Women (CIW), the inmate population currently stands at 1,176. The institution is actively preparing for upcoming events designed to support inmate reintegration into the community. Notably, CIW is organizing a reentry fair a nticipated to host over 30 providers, demonstrating a robust effort to ensure a successful transition for inmates back to the community.
Additionally, in celebration of Women’s History Month, a speaker event is scheduled for March 21st.
2. The California Institute for Men (CIM), the current inmate count is 2,200. The institution is addressing several issues, including ongoing construction of a 50 -bed mental health facility, aimed at enhancing the mental health services available to inmates. The closure of D Yard has necessitated the bussing of inmates from other yards for programming, a logistical challenge that is being mitigated by the construction of a fenced walkway to facilitate easier access. Furthermore, recent security events at other institutions have not adversely impacted CIM.
3. CIM is engaging in educational partnerships, notably with Chaffey College and California State 27 MONTHLY AGENCY REPORTS – MARCH 2024 (Covering Meetings From 2/1/24 – 2/29/24) PAGE 3
University, Los Angeles (CSULA), both offering degree programs to inmates. An upcoming graduation ceremony scheduled for May 10th with Chaffey College underscores the success of these educational initiatives. CIM's coordinated an inmate fundraiser that gen erated $3,481, which was donated to the Chino Youth Boxing Club on February 21, 2024.
Next anticipated meeting date: April 9, 2024
INLAND EMPIRE UTILITIES AGENCY REGIONAL SEWERAGE PROGRAM Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley Meeting Date: February 1, 2024
1. Rate Study - IEUA staff reported a comprehensive rate study is being conducted . City of Chino staff plan to attend scheduled rate-related workshops and monitor IEUA rate study information.
2. Regional Contract - The City received IEUA’s answer to the Chino/Ontario/Montclair complaint; the City Attorney is reviewing it.
Next anticipated meeting date: TBD
LEAGUE OF CALIFORNIA CITIES – Inland Empire Division
Council Representative: Curtis Burton | Staff Report by: Jackie Melendez Meeting Date: Month February 15, 2024
City Manager Linda Reich and Assistant City Manager Jackie Melendez attended the I nland Empire Division and Riverside County joint meeting where San Bernardino County CEO Luther Snoke and Riverside County CEO Jeff Van Wagenen gave county updates. The April meeting has been cancelled.
Next anticipated meeting date: June 13, 2024
LEAGUE OF CALIFORNIA CITIES – Legislative Task Force
Council Representative: Karen Comstock | Staff Report by: Vivian Castro No meeting during this reporting period.
Next anticipated meeting date: April 24, 2024
OMNITRANS BOARD OF DIRECTORS
Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: February 7, 2024
1. Service Resumption Update and Development of FY 2025 Annual Service Plan – After the pandemic, OmniTrans experienced a dramatic reduction in ridership. Pre -pandemic levels reach ed 35,000 average daily riders. Coach Operators, Mechanics, and other staffing levels also dropped. OmniTrans has a long -term plan to reach a new 100% service level which includes public outreach , hiring and retention strategies. Currently, the average weekday fixed route ridership in 2023 was up 14% over 2022 ridership . Currently, the f ixed route service resumption is at 82% of the planned 100%.
OmniTrans held a public outreach event at the Chino Transit Center on Tuesday, February 20 from 6:00 to 9:00 AM.
28 MONTHLY AGENCY REPORTS – MARCH 2024 (Covering Meetings From 2/1/24 – 2/29/24) PAGE 4
2. 2023 OmniRide Customer Satisfaction Survey – OmniTrans provides a microtransit on-demand service known as OmniRide. The service operates in three areas including Bloomington, Upland, and the Chino/Chino Hills area. OmniTrans gathers customer satisfaction surveys from its OmniRide passengers. Overall, the OmniRide service received 68.9% as Satisfied or Very Satisfied, with the Chino area receiving a 71.1% overall satisfaction rating. The areas of h ighest satisfaction included ease of use, appearance of the vehicle and driver, and safe driving. Areas of improvement included the availability of service and pick-up times.
3. Quarterly Outreach Update – The board received a quarterly update on outreach activities.
OmniTrans uses its outreach events to expand partnerships to attract riders , refine services , and highlight OmniTrans’ community value. Last quarter, OmniTrans staff participated in 27 events in 7 cities. A student promotion that offered free fares for schools resulted in a ridership increase of 40% quarter over quarter. No other specific Chino-related information of note was provided.
Next anticipated meeting date: March 6, 2024
ONTARIO INT’L AIRPORT INTER -AGENCY COLLABORATIVE (Roundtable) Council Representative: Curtis Burton | Staff Report by: Jackie Melendez No meeting during this reporting period.
Next anticipated meeting date: March 5, 2024
SAN BERNARDINO COUNTY SOLID WASTE ADVISORY TASK FORCE
Council Representative: Karen Comstock | Staff Report by: Joslyn Blakely No meeting during this reporting period.
Next anticipated meeting date: April 17, 2024
SBCTA – San Bernardino Co. Transportation Authority Board of Directors Council Representative: Eunice Ulloa | Staff Report by: Dennis Ralls Meeting Date: February 7, 2024
Inland Empire Climate Pollution Reduction Grant Program: Memorandum of Agreement (MOA) and Priority Regional Measures – The US Environmental Protection Agency provides grants for planning and implementation of climate pollution reduction . SBCTA/SBCOG collaborated with the Western Riverside Council of Governments (WRCOG) and Coachella Valley Association of Governments (CVAG) through an MOA to create an Inland Empire-focused Climate Pollution Reduction Implementation Grant with a Priority Climate Action Plan (PCAP). One area of focus of the PCAP will be Public Building Decarbonization, which is intended to increase energy efficiency and add solar and battery to public buildings. Another area will focus on residential decarbonization for Lower Income and Disadvantaged Community (LIDAC) residents. Another area of focus will target light-duty zero-emission vehicle charging at activity centers and along highways. A final area will focus on goods movement and projects that reduce greenhouse gasses produced by the movement of goods for projects like charging stations and hydrogen fueling. The grant awards are expected to occur in October 2024. No specific Chino area projects were noted in the presentation.
Next anticipated meeting date: March 6, 2024
29 MONTHLY AGENCY REPORTS – MARCH 2024 (Covering Meetings From 2/1/24 – 2/29/24) PAGE 5
SBCTA – City Selection Committee
Council Representative: Eunice Ulloa | Staff Report by: Jackie Melendez No meeting during this reporting period.
Applications for the Board closed on March 8, 2024.
Next anticipated meeting date: April 13, 2024
SCAG – General Assembly
Council Representative: Marc Lucio | Staff Report by: Jackie Melendez No meeting during this reporting period.
Next anticipated meeting date: General Assembly to reconvene May 2-3, 2024.
Santa Ana Watershed Advisory Council
Council Representative: Chris Flores | Staff Report by: Dave Crosley No meeting during this reporting period.
Next anticipated meeting date: TBD
Water Facilities Authority Board of Directors
Council Representative: Eunice Ulloa | Staff Report by: Dave Crosley Meeting Date: February 8, 2024 (special meeting)
The WFA Board of Directors approved a staff -recommended change order pertaining to Agua de Lejos treatment plant repairs.
Next anticipated meeting date: March 21, 2024 (regular meeting) West Valley Mosquito and Vector Control District
Council Representative: Chris Flores | Staff Report by: Vivian Castro Meeting Date: February 27, 2024
1. The WVMVCD received a letter from the City of Chino informing of the reappointment of Council Member Chris Flores to the WVMVCD Board of Trustees for a two-year term.
2. The Board adopted Resolution No. 2024-01 requiring a minimum unassigned fund balance of not less than 15% of the district’s budgeted general fund expenditures as a reserve for economic uncertainties and vector-borne disease epidemic uncertainties.
3. The Board received numerous reports:
a. Field Operations - In the month of January, the District experienced a 20% increase in service requests from the previous month and had a 14% decrease in comparison to the same period of last year. January service requests concerning mosquitoes were up. Miscellaneous vectors, flies, and rodents were up from the previous month. The District received 1 Aedes service request call.
30 MONTHLY AGENCY REPORTS – MARCH 2024 (Covering Meetings From 2/1/24 – 2/29/24) PAGE 6
b. Service Request Data for 2024 – In 2023, service requests by cities were as follows: Rancho Cucamonga 37.0% ; Ontario 18.3%; Chino Hills 17.0% ; Chino 14.7%; Upland 10.0 %; and Montclair 3.0%. By vectors, the requests were primarily related to mosquitos (56.2%) and Aedes mosquitos (26.9%), with flies, rodents, bees, dead birds, midges, and others accounting for the remainder.
c. 2023 West Nile Virus (WNV) Activity - A total of 402 human cases of WNV were reported from 34 counties in the State in 2023. In 2022, a total of 207 WNV human cases were reported from 28 counties in the State. Invasive Aedes infestation was identified in Chino, Chino Hills, Montclair, Ontario, Rancho Cucamonga, and Upland, among other cities in San Bernardino County.
d. A map was provided showing West Nile Virus-positive mosquito activity in 2023:
Next anticipated meeting date: March 26, 2024
31 MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 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 769739 to 769952, and Electronic Fund Transfers 518936E to 519014E, totaling $3,110,768.71. ..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:
32 CITY COUNCIL MEETING DATE: APRIL 2, 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. 769739 to 769838 3/7/24 23-24 $1,249,622.88
2. 769839 to 769952 3/14/24 23-24 $624,389.90
3. 518936E to 518972E 3/8/24 23-24 $249,529.70
4. 518973E to 519014E 3/15/24 23-24 $987,226.23
E: Electronic Fund Transfer
TOTAL $3,110,768.71
ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.
RB:hm
Attachment
33 Council Meeting 4/2/24
CITY OF CHINO
A/P Warrant Register Over $50,000
Check
Number
Check Date Vendor Name Description Amount
769745 03/07/2024 THIRKETTLE CORPORATION OPERATING EQUIPMENT-WATER METERS $89,867.03 769751 C P CONSTRUCTION CO INC KIMBALL AVE IMPROVEMENTS- PRESERVE $179,930.00 769780 HAZEN AND SAWYER EWTF EXPANSION $89,375.00
769821 SO CAL EDISON CO SERVICE PERIOD: 01/17-02/29 $204,563.47 769827 TRANSTECH ENGINEERS, INC. ON CALL-CIP PROJECTS $125,528.00 769829 TRINITY ESCROW INC HOME IMPROVEMENT GRANT-12400 CYPRESS AVE.
$99,215.00
769835 WASTE MANAGEMENT COLLECTION SERVICES $183,987.74 769838 Z & K CONSULTANTS, INC. ON CALL CIP PROJECTS $64,225.00 518953 03/08/2024 HUMANE SOCIETY OF POMONA VALLEY ANIMAL CONTROL SERVICES $53,157.50 769917 03/14/2024 S/B COUNTY FLOOD CONTROL DIST CITY SHARED COST NPDES $136,761.00 769948 WHEELER PAVING INC CDBG ALLEY REHAB PROJECTS $184,536.13 518992 03/15/2024 INLAND EMPIRE UTILITIES AGENCY RECYCLED WATER $849,317.80 518999 NEXTECH SYSTEMS INC TRAFFIC SIGNAL MAINTENANCE $67,367.03
13 TOTAL $2,327,830.70
34 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK
SUBJECT
..titl e
Regular Meeting Minutes for March 19, 2024 (All Members Present). ..end
..body
35 CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, MARCH 19, 2024
MINUTES
CLOSED SESSION - 5:30 PM
OPEN SESSION - 6:00 PM
_________________________________________________________________________________
CALL TO ORDER
The March 19, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 5:31 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
City Attorney Fred Galante read into the record the item 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) The City Council recessed to Closed Session at 5:32 p.m. and concluded at 6:10 p.m. The City Council reconvened the meeting at 6:13 p.m.
FLAG SALUTE
Boy Scout Troop 202 led the assembly in reciting the Pledge of Allegiance.
PRESENTATIONS
Grandma's House Arredondo Family Day Care's Published Book. Recognition of Arredondo Family Day Care's 2023-24 Published Book "Friends Around the World" Authors.
Mayor Ulloa presented certificates of recognition to the Arredondo Family Day Care children author's for their published book "Friends Around the World." 36 CHINO CITY COUNCIL
MARCH 19, 2024 2
Chino Days Art and Writing Contest Winner Recognition. Recognition of Chino Days Art and Writing Contest Winners.
Mayor Ulloa called up Kari Franco, Community Services, Parks & Recreation Supervisor, who announced the 2024 Chino Days Art and Writing Contest Winners and presented certificates of recognition to Luminous Flores, Kaymus Kuo, Destiny Shen, Noah Voyles, Joanna Davis, London Hammersley, Talia Plackal, Kangmin Kim, Jade Elena Barela, Leenah Chang, and Aaron Tovar.
San Bernardino County Transportation Authority (SBCTA) Presentation. SBCTA 60 Freeway Construction Update.
Hye Jin Lee, Director of Public Works, provided an introduction of Paul Melocoton, San Bernardino County Transportation Authority (SBCTA). He provided an update on 60 freeway construction and noted the bridge widening project at Central is nearing completion and invited the City Council to attend a ribbon cutting ceremony to be announced at a future date.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante 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 an update from attorneys Michael Colantuono and Jimmy Gutierrez and no further reportable action was taken.
AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no additions or revisions to the agenda.
PUBLIC ANNOUNCEMENTS
Mayor Ulloa announced the following scheduled community events:
The annual Healthy Family Day is Saturday, April 6, from 10 a.m. to 2 p.m. at Ayala Park. This day is dedicated to promoting a healthy lifestyle for all family members, including pets, with activities ranging from fitness demonstrations, fun family competitions, to activities for kids and a superhero meet and greet. For details, visit www.cityofchino.org/HFD.
The Kiwanis Club Corn Feed Run Car Show & Cruise will be held Saturday, April 27 from 8 a.m. to 3 p.m. at City Hall. The event will showcase hundreds of classic cars and trucks cruising through a 13-block route. For more information, visit www.ChinoKiwanis.com.
The City of Chino and Waste Management will host a free Residential Community Clean-Up on Saturday, April 13, from 8 a.m. to 1 p.m. at 13793 Redwood Street. For further details, call 1-800-423-9986.
PUBLIC COMMENTS
Pastor Don Porter of CrossPoint Church provided the invocation.
Richard Montijo, Don Lugo High School Sports Boosters, provided an invitation to the Don 37 CHINO CITY COUNCIL
MARCH 19, 2024 3
Lugo High School Sports Boosters Golf Tournament fundraiser taking place on April 20, 2024 at Whispering Lakes golf course.
Frankie Peck, Don Lugo High School Sports Boosters, thanked his volunteer committee and invited the City, Police, and Fire agencies to join them in their efforts to support the sports program at Don Lugo High School and invited the public to get involved by contacting them via email at [email protected] or by telephone at 909 -573-2599 (Michael Gonzalez).
Michael Gales, Chino resident, expressed appreciation for the City and shared concerns regarding unsafe drivers not pulling over for emergency vehicles and remarked about skate park safety at Ayala Park.
CONSENT CALENDAR
1. Warrants. Approve expenses as audited and within budget for warrants 769434 to 769738, and Electronic Fund Transfers 518835E to 518935E, totaling $5,714,919.02.
2. Minutes. Regular Meeting Minutes for March 5, 2024 (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. Adoption of Ordinance No. 2024 -005. Approve the adoption of Ordinance No. 2024 -005 amending Chapter 8.60 (Floodplain Management ), of the Chino Municipal Code (Second Reading).
5. Notice of Completion - Well 11 Pipeline Project - WA211. Accept the Well 11 Pipeline Project (WA211), with MCC Equipment Rentals, Inc., Yucaipa, CA, contract 2022 -280, as complete and authorize the Director of Public Works to file the Notice of Completion.
6. Notice of Completion: Traffic Signal Upgrades Projects - TR152, TR211 and TR214. Accept the Traffic Signal Upgrades Projects TR152, TR211 and TR214, with International Line Builders dba ILB Electric, Corona, CA, contract 2023 -250 as complete and authorize the Director of Public Works to file the Notice of Completion.
7. Final Acceptance - Tract Map No. 20223 (Chino Preserve Development Corporation). Approve final acceptance of public improvements for Tract Map No. 20223 (an “A” level map for Lot 11), as presented by Chino Preserve Development Corporation, generally located east of West Preserve Loop, south of Garden Park Street and west of Main Stree
8. Public Improvement Agreement with Hillsborough Phase III, LLC. Approve Public Improvement Agreement with Hillsborough Phase III, LLC for Site Approval PL16 -0357 located at 11930 Central Avenue.
9. Adopt Resolution 2024 -008 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer and request approval from the San Bernardino LAFCO for Sanitary Sewer service for the property at 12251 Pipeline Avenue. Covenant Agreement to Annex for Sanitary Sewer Service and Request Approval from the San Bernardino Local Agency Formation Commission (LAFCO) for the Property Located at 12251 Pipeline Avenue within the City of Chino’s Sphere of Influence.
Motion by Council Member Lucio, seconded by Mayor Pro Tem Comstock, to approve the Consent Calendar items 1-9 as presented. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
38 CHINO CITY COUNCIL
MARCH 19, 2024 4
NOES: NONE.
ABSENT: NONE.
PUBLIC HEARING
10. Assembly Bill (AB) 481 - Funding, Acquisition, and Use Policy. Assembly Bill (AB) 481 - Funding, Acquisition, and Use Policy
Staff Report By: Lieutenant Aaron Kelliher
RECOMMENDATION: Adopt Ordinance No. 2024 -006, approving the Chino Police Department's "Military Equipment" Use Policy.
Mayor Ulloa opened the public hearing.
Lieutenant Aaron Kelliher provided a presentation on the item.
There being no requests to address the City Council on this item, Mayor Ulloa closed the public hearing.
City Attorney Fred Galante read the ordinance into the record and stated the recommendation is to approve the introduction of Ordinance 2024 -006, to be read by number and title only, and waive further reading of the ordinance.
ORDINANCE 2024 -006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S
MILITARY EQUIPMENT USE POLICY
Motion by Mayor Pro Tem Comstock, seconded by Council Member Flores, to Approve the introduction of Ordinance No. 2024 -006, approving the Chino Police Department's "Military Equipment" Use Policy. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
11. Introduction of Ordinance No. 2024 -004 (ZOA PL23 -0119). Conduct a Public Hearing and approve the introduction of Ordinance No. 2024 -004, to be read by number and title only, and waive further reading of the Ordinance.
Staff Report By: Michael Hitz, AICP, Principal Planner
RECOMMENDATION: 1) Conduct a Public Hearing; and 2) approve the introduction of Ordinance No. 2024-004, a proposed amendment to Title 20 (Zoning) and Title 16 (Sign Code) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.08 (Agricultural, Open Space, and Public Zoning Districts) and Chapter 20.24 (Glossary), to be read by number and title only, and waive further reading of the Ordinance.
Mayor Ulloa opened the public hearing.
Michael Hitz, Principal Planner, provided a presentation on the item.
Mayor Ulloa expressed her concern of losing agricultural land and asked the time frame for 39 CHINO CITY COUNCIL
MARCH 19, 2024 5
temporary land uses. Mr. Hitz explained through the temporary Conditional Use Permit (CUP) process, staff can set the time frame from weeks, a season, or over a number of years.
Mayor Ulloa asked if existing agricultural land containing crops, with the use of the temporary CUP can change the agricultural use to a different zone permanently. Mr. Hitz explained the proposed ordinance contains a clause that prohibits permanent uses.
Mayor Ulloa asked in general, can zones be changed from agricultural to a different zone in the future. Mr. Hitz stated yes. Mayor Ulloa expressed her concern for the potential loss of agricultural land use and noted that she understood the purpose for the proposed ordinance and how it will accommodate future concerts and parking needs in the Euclid Avenue area, but expressed concerned the City is opening the door to potentially losing remaining agricultural land in Chino.
Warren Morelion, Director of Development Services, explained staff assessed the proposed ordinance in detail and determined how it will affect the particular area of the City. Mr. Hitz referenced to the aerial map to explain the current temporary uses, noting the surrounding zones and current uses, including impacted areas, and confirmed the Golf Course or RP2 Zoned area is considered open space.
Mr. Morelion discussed the interested parcels in the proposed Ordinance, noted the considered areas are limited and applicants are required to get property owner's approval for the temporary use. He noted the City can mitigate any concerns in terms of discretionary approvals and assured the proposed ordinance will accommodate temporary uses in this area, while abiding the Councils conditions of approval.
Mayor Ulloa inquired about specific areas identified in the map related to the zoning, the Preserve specific plan, asked clarifying questions regarding particular areas and different zonings to staff. Mr. Hitz and Mr. Morelion provided detailed information on the proposed areas and potential impact of this update.
Mayor Ulloa asked to see the exclusion language on the ordinance related to specific plan area. Mr. Hitz directed Mayor Ulloa to view the table on page 3 of the proposed ordinance, specifically the footnote that states, "excludes any property in the City that is subject to a specific plan."
Mayor Pro Tem Comstock acknowledged Prado Park has already been programmed with small entertainment events and asked if there are any parcels currently being farmed that are presently on the map. Mr. Hitz stated he was not aware of any actively farmed land taken place within the mapped area.
Mayor Pro Tem Comstock noted as the City proceeds with the acquisition of the Stark property it will be important to pay attention to the plan due to its proximity to this area. Mr. Hitz concurred and noted staff will determine the zoning and its naming will be more specific.
Council Member Flores inquired about the signage portion update of the ordinance and the City’s ability to determine the advertisements at charging stations. Finance Director Rob Burns indicated staff reviewed the list of vendors that provide Efficient Vehicle (EV) charging stations with sign boards and confirmed the vendor's advertisement space on the sign is under their control, however there are covenants and restrictions that would permit the City to have input on what gets advertised. Mr. Burns confirmed the charging stations would be owned and 40 CHINO CITY COUNCIL
MARCH 19, 2024 6
operated by the vendor with the City's strict requirements on what can be advertised and prohibit content considered lewd or inappropriate for children and/or adults. Council Member Flores stated that he hopes the City has a weighted decision on advertisement and content control.
City Attorney Galante explained the ordinance permits exceptions on City owned properties, a lease can provide certain guidance if the City owns the land, however it does not work the same if the City has a private operator on non-City land. He noted if the City owns the land and decides to provide an opportunity for advertisements, the City would have more control, whereas a private operator has First Amendment rights.
Mayor Ulloa asked if the City’s ordinance could impose signage restrictions. City Attorney Galante explained since the City is leasing the space the City has more latitude, however, cannot incorporate certain restrictions that could limit First Amendment rights.
Council Member Lucio thanked staff for explaining the parameters of the proposed ordinance and the temporary usage and for supporting the City's goals to bring entertainment to the Chino community and ensuring open space is preserved or expanded at the Stark property, and noted so long as those parameters are incorporated into the ordinance he will support it.
He expressed the EV stations are needed by residents, however, supported limitations on advertising.
Mayor Ulloa commented the Heman G. Stark Youth Correctional Facility property is surrounded by a large amount of agriculture and asked if this proposal affects that property. Mr. Hitz confirmed is does not since it is a OS1 zoned property. Mr. Morelion stated staff will work on ensuring the Stark property is zoned properly and meets the City's zoning requirements.
Mayor Ulloa closed the public hearing.
City Attorney Fred Galante read the Ordinance into the record.
ORDINANCE NO. 2024 -004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE SIGN CODE (TITLE 16 OF THE MUNICIPAL CODE) AND ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL23-0119 (ZONE ORDINANCE AMENDMENT) Motion by Council Member Burton, seconded by Council Member Flores, to 1) Conduct a Public Hearing; and 2) approve the introduction of Ordinance No. 2024 -004, a proposed amendment to Title 20 (Zoning) and Title 16 (Sign Code) of the Chino Municipal Code consisting of modifications and additions to Chapter 20.08 (Agricultural, Open Space, and Public Zoning Districts) and Chapter 20.24 (Glossary), to be read by number and title only, and waive further reading of the Ordinance. The motion carried by the following vote:
AYES: ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NOES: NONE.
ABSENT: NONE.
41 CHINO CITY COUNCIL
MARCH 19, 2024 7
NEW BUSINESS
12. Fiscal Year 2023 -24 Mid-Year Financial Review. Receive and file the Financial Review Status Report.
Staff Report By: Rob Burns, Director of Finance
RECOMMENDATION: 1) Receive and file the Financial Review Status Report; 2) appropriate $372,000 from the unappropriated reserves of the General Fund, $110,000 from the unappropriated reserves of the Landscape & Lighting District Fund, $20,000 of unappropriated reserves of the Enterprise Funds; $60,000 of unappropriated reserves from the Sewer Lift Station Fund, $550,000 from the unappropriated reserves of the Insurance Liability Fund and $260,500 from the unappropriated reserves of the Building Management Fund; 3) approve contract amendments for Bureau Veritas Technical Assessments, Hinderliter De Llamas & Associates, Data Ticket, Engineering Resources of Southern California, Kimley Horn, PMK Associates, Transtech Engineering, and Z & K Consultants; 4) approve an increase to the Purchase Orders for Am -Tec Total Security, Anser Advisory Management, Chino Basin Desalter Authority, Dave Bang Associates, Dunn Edwards, E.I. Computer Systems, Ferguson, InfoSend, Inland Empire Utilities Agency (IEUA), Monument ROW, RHA Architects-Landscape, and Tarkett USA; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.
Rob Burns, Director of Finance, provided a report on the item. He noted a correction to the recommendation for the business name "Bureau Veritas Technical Assessments" should be "Bureau Veritas North America."
Motion by Mayor Pro Tem Comstock, seconded by Council Member Burton, to 1) Receive and file the Financial Review Status Report; 2) appropriate $372,000 from the unappropriated reserves of the General Fund, $110,000 from the unappropriated reserves of the Landscape & Lighting District Fund, $20,000 of unappropriated reserves of the Enterprise Funds; $60,000 of unappropriated reserves from the Sewer Lift Station Fund, $550,000 from the unappropriated reserves of the Insurance Liability Fund and $260,500 from the unappropriated reserves of the Building Management Fund; 3) approve contract amendments for Bureau Veritas North America, Hinderliter De Llamas & Associates, Data Ticket, Engineering Resources of Southern California, Kimley Horn, PMK Associates, Transtech Engineering, and Z & K Consultants; 4) approve an increase to the Purchase Orders for Am -Tec Total Security, Anser Advisory Management, Chino Basin Desalter Authority, Dave Bang Associates, Dunn Edwards, E.I. Computer Systems, Ferguson, InfoSend, Inland Empire Utilities Agency (IEUA), Monument ROW, RHA Architects-Landscape, and Tarkett USA; and 5) authorize the City Manager to execute all 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.
42 CHINO CITY COUNCIL
MARCH 19, 2024 8
13. Final Acceptance of Public Improvements - Tract Map No. 18903 (Meritage Homes of California, Inc.). Accept the public improvements for Meritage Homes of California, Inc., located north of Chino Avenue between Pipeline and Norton Avenues, as complete, authorize release of the performance bond and initiate the warranty bond.
Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1 ) Appropriate $1,178,914 to the Storm Drain Fund with a corresponding year-end transfer from the Citywide Storm Drain Development Impact Fee Fund (Fund 255), in the same amount; 2) accept public improvements as complete for Tract Map No. 18903; 3) authorize the release of the performance bond and initiate the warranty bond; 4) approve an immediate reimbursement to Meritage Homes of California, Inc. in the amount of $1,178,914 for the construction of Storm Drain Line 43 -1, thus, fulfilling the terms of the Construction Credit/Reimbursement Agreement No. 2020 -136; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.
Mayor Pro Tem announced her abstention from this item. City Attorney Galante explained that she must leave the dais but has the option to stay in the audience to participate as a resident, if desired.
Assistant City Engineer Jesus Plasencia provided a presentation on the item. He reviewed specific issues in the tract and the resolutions or proposed resolutions to include standing water on street gutters, excessive red curb striping on streets, the location of the community mailbox, accessibility at mailboxes, and cracks in the street.
Mayor Ulloa asked if there were any requests to speak.
Efrem Joelson, of Meritage Homes, thanked City staff for their support during the construction process.
Karen Comstock, resident of Chino, thanked the City Council for ensuring the developer is held accountable for construction that is not up to par for residents in this community. Ms. Comstock spoke of the ongoing tract improvements and holding the developer accountable for the disappointing work at a new development, and noted City staff will deal with street paving issues due to how it was constructed and approved by staff. Mayor Ulloa asked Karen Comstock questions about cement failures and Ms. Comstock described the unusual curing and discoloring of the asphalt and doesn't believe the street in this neighborhood will have the same lifespan of other streets in the City.
Council Member Flores inquired about the timeline of street repairs with the $136,000 provided by the developer.
Director of Public Works Lee stated the street will be monitored closely and assessed over the next 3 -5 years. Ms. Lee explained this amount for repairs is for a portion of the road with cracks, not the entire road in the development, and the amount incorporated a contingency for inflation costs.
Council Member Lucio noted at the recent Infrastructure and Streets Committee meeting, staff reported the ground in that neighborhood may need time to settle before repairs are made.
Mayor Ulloa asked who will be responsible to pay if the postmaster approves the mailbox being divided. Assistant City Engineer Plasencia explained the City will assume the fees since it was not included as part of the developers agreement, and noted staff is currently assessing the 43 CHINO CITY COUNCIL
MARCH 19, 2024 9
relocation of mailboxes adjacent to existing ramps. City Manager Reich noted staff would meet with the Homeowner's Association (HOA) in that area prior to making any changes to the mailboxes.
Council Member Burton expressed his disapproval of the construction conditions and asked if new materials can be considered. Director of Public Works Lee explained staff is researching several materials. Council Member Burton expressed disappointment with Meritage for not addressing the issues in this development.
Council Member Burton inquired about Meritage completing other developments in the City.
Assistant City Engineer Plasencia recalled Meritage completed a housing development on Central Avenue last year.
Discussion ensued regarding the street condition and City staff’s plan for repairing the street.
Mayor Ulloa encouraged staff to slurry seal streets throughout the development, rather than one section. Director of Public Works Lee concurred with Mayor Ulloa.
Mayor Ulloa asked for a motion and a second to approve the item as presented. There was no motion.
Mayor Ulloa asked for alternatives since there was no motion to approve the item as presented.
City Attorney Galante provided the option to approve staff's recommendation with the directive that the City perform the suggested repairs or not approve the item and direct staff to work with the developer to see what could be done to address the outstanding concerns.
Council Member Burton suggested the City Council not accept the project with the current condition, as presented and requested an acceptable resolution to address resident's concerns.
Mayor Ulloa noted the City's obligation to approve item 1 of the recommendation to repay the fees for the storm drain fund only and recommended accepting item 1 and skipping the remaining items.
Assistant City Engineer Plasencia confirmed the acceptance of the storm drain improvement is acceptable and staff can go back and work with the developer to resolve street pavement and public improvement concerns. He noted the bonds will remain in place and will not be released.
City Attorney Galante concurred with staff and noted the storm drain DIF reimbursement is tied to the acceptance of the actual storm drain facilities.
Michael Gales, resident of Chino, spoke in opposition of accepting the public improvements.
Efrem Joelson, of Meritage Homes, spoke in support of Meritage Homes efforts to ensure quality construction and ensured the Council's concerns will be taken back to his management team. He noted the mailbox cluster design was preferred by the Postmaster, and explained his company made good faith efforts to address residents' concerns and requested the $136,000 check be returned to them.
Mayor Ulloa asked for a motion and a second to approve the item 1, acceptance of the storm drain only, and direct staff to work further with the developer to clear up outstanding issues. 44 CHINO CITY COUNCIL
MARCH 19, 2024 10
Motion by Council Member Lucio, seconded by Council Member Burton, to 1) appropriate $1,178,914 to the Storm Drain Fund with a corresponding year -end transfer from the Citywide Storm Drain Development Impact Fee Fund (Fund 255), in the same amount, 2) directed staff to work with further with developer to clear up outstanding issues, and 3) and authorize the City Manager to execute the necessary documents on behalf of the City. The motion carried by the following vote:
AYES: ULLOA, BURTON, AND LUCIO
NOES: FLORES
ABSENT: NONE.
ABSTAIN: COMSTOCK
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on meetings and events attended since the last meeting that included the Omnitrans and SBCTA Board of Directors meeting; Water Facilities Authority Personnel Committee meeting; Chino Desalter Authority Board of Directors meeting; Inland Empire Utility Agency Sewage Policy Committee meeting; Chino Police Department Award Ceremony; meeting with a local business owner; Chino National and Chino American Little League opening day ceremonies; City Manager meeting; City Council workshop on economic development; Mayor's Prayer Breakfast; Agricultural Preservation meeting; Omnitrans Administration and Finance Committee meeting; SBCTA Transit Committee meeting; SBCTA Metro Valley Committee meeting; Chino Neighborhood House Tip a Cop Fundraiser; Chino Days event; meeting with representatives of the Ahmadiyya Community; Boy Scout Troop 201 Court of Honor where they honored Patricia Cox, Christian Li, and John Anderson; and Closed Session.
Mayor Pro Tem Comstock
Mayor Pro Tem Comstock reported on meetings and events attended since the last meeting that included the City Council workshop on economic development; State of the City filming; Chino Valley Fire Board meeting; meeting with a local storage business; Chino Neighborhood House Tip a Cop fundraiser event; Chino Days event; City Manager meeting; meeting with local a business owner; and Boy Scout Troop 201 ceremony. Mayor Pro Tem Comstock noted James Jenkins of the Chino Airport is retiring and asked if the City Council can recognize him at a future City Council meeting.
Council Member Burton
Council Member Burton reported on meetings and events attended since the last meeting that included the Chino Police Department Awards Ceremony; Chino National and Chino American Little League opening ceremonies; City Manager meeting; City Council workshop on economic development; State of the City filming; Chino Neighborhood House Tip a Cop Fundraiser; Chino Days event; City Manager meeting; and Closed Session. Council Member Burton thanked Ms. Lu Arredondo for her dedication to her children in her daycare.
Council Member Flores
Council Member Flores reported on meetings and events attended since the last meeting that included a visit to God's Pantry with members of the Chino Valley Chamber of Commerce; Chino Police Department Awards Ceremony; Chino National and Chino American Little League 45 CHINO CITY COUNCIL
MARCH 19, 2024 11
opening ceremonies; Special Needs Collaboration planning meeting; City Council workshop on economic development; State of the City filming; meeting with a resident; Chino Days event; Boy Scout Troop 201 Court of Honor; and invited residents to the upcoming Don Lugo Sports Booster Golf Tournament.
Council Member Lucio
Council Member Lucio reported on meetings and events attended since the last meeting that included Chino National Little League and Chino American National Little League opening ceremonies; City Council workshop on economic development; Disaster Management for Water and Wastewater Utilities Training Course; Chino Neighborhood House Tip a Cop fundraiser; City Manager meeting; and meeting with Ben Cardenas from Cabrera Capital.
City Manager's Report
City Manager Reich thanked the Community Services, Parks & Recreation staff for planning the second annual Chino Days event, including Public Works for their preparation efforts despite the strong winds.
Mayor Pro Tem Comstock asked City Manager Reich to consider increasing the City's tree trimming services annually to help aggressively and/or frequently prune the trees to help reduce maintenance services by City staff. City Manager Reich stated she will discuss this request with City staff.
Council Member Lucio asked City Manager Reich to say a few words about the Ball and Brunch that is occurring at the Preserve Community Center. Silvia Avalos, Director of CSPR, reported the Preserve Community Center will be holding their annual Ball and Brunch, a customer appreciation event from 9:00 to 11:00 a.m. on Saturday, March 23, at the Preserve and guests are required to register by calling 909 -334-3261 or visit the City's website at www. cityofchino.org.
Council Member Flores asked City Manager Reich to report on the status of the City of Chino street sign sale. City Manager Reich reported on the sale supporting the Chino Youth Museum and announced street signs are still available for purchase at the Neighborhood Activity Center (NAC) located at the corner of 6th and D Street for the remainder of the week during normal business hours.
City Attorney's Report
City Attorney Galante had no report.
Police Chief's Report
Police Chief Mensen thanked Council for their support of the Chino Police Award Ceremony and the Chino Neighborhood House Tip a Cop fundraiser event held at Cannataros, and wished the best to the baker to Vegas Chino team.
Fire Chief's Report
Fire Chief Dave Williams thanked Mayor Pro Tem Comstock for her support of his contract extension of three years and announced he attended the groundbreaking ceremony for the new San Bernardino dispatch center high rise state of the art building.
ADJOURN
46 CHINO CITY COUNCIL
MARCH 19, 2024 12
The meeting adjourned at 8:35 p.m. The next Regular Meeting of the City Council will be held on Tuesday, April 2, 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 2ND DAY OF APRIL 2024.
________________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
________________________________
NATALIE GONZAGA, CITY CLERK
**************************************************
(These minutes are not official until signed.)
47 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 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:
48 CITY COUNCIL MEETING DATE: APRIL 2, 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
49 Event Date Meeting Purpose
and Subject Matter
Location City Official
Attendees
None.
50 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
City Council Temporary Advisory Committees.
..end
RECOMMENDATION
Establish temporary advisory committees regarding the 1) General Plan Update (Members Council Member Lucio; Council Member Flores) 2) Housing Element Update (Members Mayor Pro Tem Comstock; Council Member Burton) and 3) Heman G Stark Youth Correctional Facility Property (Members Mayor Ulloa; Council Member Lucio).
..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:
Exemplary Leadership
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. 51 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: CITY COUNCIL TEMPORARY ADVISORY COMMITTEES.
PAGE: 2
BACKGROUND
Temporary advisory committees are composed solely of less than a quorum of the City Council and will serve a limited or single purpose, that is not perpetual, and will be dissolved once its specific task is completed. The temporary advisory committees, or “ad hoc” committees are not subject to the Brown Act.
ISSUES/ANALYSIS
City Staff is requesting temporary advisory committees be established regarding the following:
1) General Plan Update
Members Council Member Lucio; Council Member Flores
2) Housing Element Update
Members Mayor Pro Tem Comstock; Council Member Burton
3) Heman G Stark Youth Correctional Facility Property
Members Mayor Ulloa; Council Member Lucio
These “ad hoc” committees will be limited term and dissolved once the specific task is completed.
52 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
Proposed Revision of the City of Chino Citywide Legislative Policy. ..end
RECOMMENDATION
Adopt Resolution No. 2024-002, approving a revised Citywide Legislative 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: 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. 53 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: PROPOSED REVISION OF THE CITY OF CHINO CITYWIDE LEGISLATIVE POLICY.
PAGE: 2
BACKGROUND
On October 18, 2022, the City Council adopted a revised City of Chino Legislative Platform and Policy and created the Legislative Policy Committee (LPC) of the City Council, outlining its associated tasks, purpose, and procedures. The LPC is a Brown Act body with continuing subject matter jurisdiction, published agenda s, 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.
In 2023, the Legislative Policy Committee reviewed and adopted positions on numerous bills.
Some were referred by staff to the Committee for consideration, while others were flagged as significant by the League of California Cities and various municipal government and professional associations. On several occasions, the City’s existing policy, which requires that official City positions be formulated or recommended by the Legislative Policy Committee, created delays in providing timely City input on critical legislative issues.
At the January 9, 2024, Legislative Policy Committee meeting, staff recommended that the existing policy be amended to authorize staff to adopt an official City position and act in a timely manner, as appropriate, when an item is d etermined to correspond with the City’s legislative platform. The Committee recommended approval of amendments that authorize staff to take positions on legislation in line with the City’s adopted policy. On January 16, 2024, the amended policy was brought to the Council for consideration, with the recommendation of the LPC for approval.
During the discussion of the proposed amendments, Mayor Ulloa recommended making additional revisions to include stronger language supporting increased law enforcement authority against crime. The City Council concurred and directed staff to incorporate the additional amendments into the revised policy.
ISSUES/ANALYSIS
The proposed amendment to the Citywide Legislative Policy authorizes City Staff to approve official City positions with the qualification that the official position is consistent with the Citywide Legislative Policy and that the Committee or City Staff report to the City Council on any positions, updates, recommendations, or actions taken at the next regul ar meeting of the City Council.
It also includes updates to the “Public Safety and Community Services” section of the policy to incorporate stronger policy language as directed by the City Council at its January 16, 2024, meeting. Those proposed amendment s update the Public Safety section to support legislation that protects and enhances the rights and tools of law enforcement to disrupt and combat crime, protects the rights of businesses and the public to defend themselves, holds criminals accountable, di scourages crime through tougher sentencing, and expands funding for professional development and recruitment of public safety officers per City Council direction.
When incorporating the requested Public Safety changes, staff identified additional recommended amendments for review by the Legislative Committee and City Council.
The Citywide Legislative Policy, as proposed to be amended, incorporates changes that:
1. Make the title of the document uniform throughout.
2. Reword several sections and make grammatical changes throughout. 54 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: PROPOSED REVISION OF THE CITY OF CHINO CITYWIDE LEGISLATIVE POLICY.
PAGE: 3
3. Create a new, separate section related to “Community Services, Parks, and Recreation.” Move several items previously under the joint “Public Safety and Community Services” section under the new “Community Services, Parks, and Recreation” section.
4. Authorize staff to formulate and approve official City responses for those legislative proposals that are consistent with the adopted Citywide Legislative Policy.
5. Allow the Mayor, Legislative Committee Members, or the City M anager to sign communications on behalf of the City when the position is consistent with the Citywide Legislative Policy.
At its March 21, 2024 meeting, the Legislative Policy Committee reviewed the Citywide Legislative Policy, as proposed to be amended, a nd recommended its approval by the City Council. Per the policy itself, changes are to be adopted by Council resolution.
Resolution No. 2024 -002, approving a revised City of Chino Citywide Legislative Policy, is attached for the Council’s consideration.
Attachments: Resolution 2024-002
City of Chino Citywide Legislative Policy
55 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; and
WHEREAS, periodic updates of the Citywide Legislative Policy may be needed , for example to address unanticipated issues or focus on specific policy areas.
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, sentence, 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. 56 RESOLUTION NO. 2024-002
PAGE 2
APPROVED AND ADOPTED APRIL 2, 2024.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
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 of the City of Chino at a regular meeting held on the 2nd Day of April 2024 by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A – Citywide Legislative Policy.
57 Administrative Policy
Citywide Legislative Policy
v. RN 2024-002 (2024-04-02) Page 1
I. Purpose Statement
To address legislative and regulatory concerns in a timely manner, this Citywide Legislative Policy details guiding principles organized around respective legislative, policy, and regulatory matters. This Citywide Legislative Policy supplements the Citywide Strategic Plan to build an effective and flexible legislative advocacy strategy.
II. Guiding Principles
The Citywide Legislative Policy Guiding Principles are fundamental, overarching concepts that can be applied to respective legislative and/or regulatory matters. While legislative or regulatory proposals vary in breadth and complexity, these guiding principles will help narrow the focus to those matters that are the most consequential to the City of Chino. The Citywide Legislative Policy Guiding Principles include:
Preserve Local Control: The City will advocate to ensure that proposed legislation supports or expands the decision-making authority of a local agency to provide public services to its community. Preserving local control recognizes that Chino residents, through their democratic expression, have voted into office local elected officials who are 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, placing an unreasonable burden on the ability of 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 municipal budgeting. 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 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 support for those struggling with mental health and/or experiencing homelessness. Finally, the City will support legislation that promotes public safety operations and enhances the ability of public safety officers to protect their community, deter crime, and hold criminals accountable.
58 Administrative Policy
Citywide Legislative Policy
v. RN 2024-002 (2024-04-02) Page 2
III. Legislative, Regulatory, and Policy Areas:
The following, in no particular order, are specific legislative and policy areas concerning the City of Chino. Identifying these issues narrows the City’s focus on specific matters within the scope of the City’s Guiding Principles.
A. ONTARIO INTERNATIONAL AIRPORT (ONT): As a neighbor to ONT, the City of Chino 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 ONT.
This includes promoting environmentally safe aviation techniques that lessen the airport’s carbon footprint and noise pollution generated from its 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. Work with federal agencies to develop sustainable land use and infrastructure plans in the southern part of Chino adjacent to the Prado Basin and Santa Ana River. iii. Engage 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. Thus, 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 its General Plan. ii. Support legislation that simplifies and streamlines Housing Element requirements. 59 Administrative Policy
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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 revenue sources.
ii. Oppose legislation that creates an unfunded mandate. iii. Oppose legislation that unfairly redistributes general-purpose tax revenue (e.g., sales tax revenue yields from online purchases).
iv. Oppose legislation that limits discretion with locally imposed taxes. v. Oppose legislation that removes or limits tax exemptions from municipal bonds. vi. Support legislation that builds predictability in local government tax revenues and oppose any legislation that reduces or eliminates local revenue sources.
E. EMPLOYEE RELATIONS AND PENSION ADMINISTRATION: The City of Chino continues to employ best practices in 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 engage more independently 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 understanding 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: The City of Chino prides itself on providing excellent and robust public safety services. The City of Chino Police Department and the Chino Valley Independent Fire District are staples of the community, and the City will support legislation that promotes their respective efforts. Therefore, the City will:
i. Support legislation that holds criminals accountable for their actions and deters future criminal behavior.
ii. Oppose and repeal legislation that discourages police officers from efficiently enforcing laws by imposing undue burdens and unjust consequences for protecting their communities.
iii. Support legislation that narrows the scope of the categories of criminals that can qualify for early release.
iv. Support legislation that protects the rights of business owners, employees, and property owners to defend themselves, their businesses, employees, and customers from theft and robbery.
v. Support legislation that provides greater latitude for local agencies to use asset forfeiture funds in a manner most effective for their respective communities. vi. Support legislation that assists and provides funding for local law enforcement efforts, fire suppression/prevention, hazardous materials mitigation, and disaster preparedness.
vii. Support legislation that allows the City to better recoup the funds expended when responding to a Citywide disaster/emergency.
viii. 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.
ix. Support legislation that strengthens law enforcement’s ability to enforce legal protections for all individuals who are victims of a crime. x. Support legislation that strengthens the presence of, or provides funding for, law enforcement personnel and public safety officers on school campuses to improve the safety of our schools. Support the expansion of funding and grants for cutting- edge public safety technologies and equipment that enhance the capabilities and efficiency of first responders.
xi. Support legislation and funding to assist local law enforcement, fire department, and emergency medical responses to address the opioid epidemic. xii. Support legislation that enhances the prosecution and sentencing of those who sell and furnish dangerous opioids such as fentanyl.
xiii. Support legislation and funding that helps address California law enforcement's recruitment and retention crisis, including resources that enhance first responder wellness and development.
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xiv. Support legislation and funding to combat and prevent organized retail crime, including stronger sentencing and bail requirements.
xv. Support legislation to narrow the scope of Proposition 57 to increase the transparency of early releases and protect the public from the early release of those convicted of serious felonies.
xvi. Support legislation strengthening the State’s resentencing laws under Proposition 47, thereby strengthening consequences against repeat offenders. xvii. Oppose legislation that prohibits or restricts the use of tools, resources, technologies, and practices currently authorized for use by public safety, including canines, license plate readers, and facial recognition technology.
G. COMMUNITY SERVICES, PARKS, AND RECREATION: The City of Chino provides a wide variety of high-quality recreational, educational, social, health, and other services that enrich the community and support resident populations of all ages and abilities. Therefore, the City will:
i. Support funding for recreational facilities and programs. ii. Support funding for public museums, theaters, and arts programs. iii. Support funding and legislation to preserve and promote historically significant community facilities.
iv. Support legislation that encourages, facilitates, and funds joint-use opportunities with educational institutions, non-profit organizations, and other stakeholder groups to enhance the City's mental health, community services, and recreational opportunities.
v. Support legislation that provides funding and expands and improves safety net and support systems so that local agencies and their community partners are better equipped to support those experiencing mental health crises, homelessness, food insecurity, addiction, etc.
vi. Support increased funding for programs that partner law enforcement officers with mental health and social work professionals when interacting with at-risk members of our community.
vii. Support funding programs that help local agencies continue to improve and modernize local parks and make them more accessible.
viii. Support legislation that provides access opportunities to physical activity, proper nutrition, and healthy lifestyle options through the promotion of active transportation, healthy foods, youth and senior programming. ix. Support legislation that provides access to before and after school care for youth.
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H. 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 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. iv. Support legislation that promotes equitable fiscal liability and maintenance for regional infrastructure facilities.
I. 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 Fair Political Practices Commission 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:
When City Council committee assignments are established, the City Council committee assignment list shall 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 until the City Council committee assignment list is reviewed, modified, and approved by the City Council.
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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 agendized 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 accessing agenda-related materials.
The Committee will review 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.
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 policy. 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, regulations, or policies as directed by the Committee or the City Council or formulated by Staff consistent with the City’s legislative policy 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 or the City Manager to sign on behalf of the City.
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VII. Policy Changes and Amendments:
This policy may be changed with City Council approval by way of an adopted City Council Resolution.
65 MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
Report on State and Federal Legislative Issues.
..end
RECOMMENDATION
(1) Approve the City of Chino positions on legislation as specified in the Tracked State Legislation March 21, 2024 report; and (2) Receive and file the attached position letters on legislation, and the High Priority Legislative Items Report. ..body
FISCAL IMPACT
There is no fiscal impact.
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:
Positive City Image
Financial Stability
Responsible Long-Range Planning
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
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. 66 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: REPORT ON STATE AND FEDERAL LEGISLATIVE ISSUES.
PAGE: 2
BACKGROUND
The City of Chino Citywide Legislative Policy, as adopted on October 18, 2022, provides that:
The City Council Legislative Policy Committee can formulate and/or approve official City responses or communications to proposed legislation and forward them to the City Council for approval.
All signed letters or other formal means of expression will be uploaded on the Committee's subpage on the City website.
For legislative items amended late in the legislative session, the Committee is authorized to formulate and approve official City responses in accordance with the City's legislative platform.
The Committee is to report to the City Council on any u pdates, recommendations, or actions taken by the Committee.
ISSUES/ANALYSIS
On March 21, 2024, the Legislative Policy Committee reviewed the Tracked State Legislation Report (Attachment 1), which reflects City positions on active bills in the second year of the 2023-24 State legislative session. Those positions are brought to the City Council for approval as specified in the Citywide Legislative Policy.
Additionally, the City submitted position letters on two bills, reflecting support for AB 2034 (Rodriguez), which would make it a misdemeanor to loiter in a public place with the intent to commit prostitution, and SB 1034 (Seyarto), which provides government agencies an extension from 10 days to 24 days to fulfill a public record request during a state of emergency, when the emergency prevents gathering for health and safety reasons (Attachment 2).
The Committee was also provided with the High Priority Legislative Items Report, which includes other state and federal legislative issues of note to the City (Attachment 3), including SB 536 (Rubio), the City of Chino -sponsored bill authorizing the Director of the California Department of General Services to sell or lease the California Departme nt of Corrections and Rehabilitation Heman G Stark Youth Correctional Facility to the City.
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TRACKED STATE LEGISLATION
as of March 21, 2024
Priority: (1) Sponsored
SB 536 (Rubio, D) Surplus state real property: Heman G Stark Youth Correctional Facility (as proposed to be amended).
Current Text: 01/03/2024 - Amended HTML PDF
Last Amended: 01/03/2024
Status: 01/22/2024 - Read third time. Passed. (Ayes 39. Noes 0.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Summary: Existing law requires a state agency to review all proprietary state lands under its jurisdiction, as specified, to determine what land is in excess of its needs and to report on these lands to the Department of General Services (DGS). The law also prescribes a process for disposing of surplus state property. SB 536 authorizes the Director of DGS to sell or lease property known as the California Department of Corrections and Rehabilitation Heman G Stark Youth Correctional Facility (Stark), located in the City of Chino, to the City at fair market value upon terms and conditions the Director determines are in the best interests of the State.
The bill authorizes the Director, notwithstanding those provisions, to sell the property below fair market value for purposes of providing housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature. (Amendment back to 2/14/23 language pending) Position: Support
Priority: (1) Sponsored
Subject: Planning, Land Use, Housing
Priority: (3) Significant
AB 1034 (Wilson, D) Law enforcement: facial recognition and other biometric surveillance.
Current Text: 05/01/2023 - Amended HTML PDF
Last Amended: 05/01/2023
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/11/2023)(May be acted upon Jan 2024)
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)
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Position: Oppose
Priority: (3) Significant
Subject: Public Safety
AB 1772 (Ramos, D) Theft.
Current Text: 02/01/2024 - Amended HTML PDF
Last Amended: 02/01/2024
Status: 02/05/2024 - Re-referred to Com. on PUB. S.
Summary: The Safe Neighborhoods and Schools Act, enacted by Proposition 47, defines and bans shoplifting as an illegal act that cannot be prosecuted under any other legislation. It is defined as entering a commercial establishment with the intent to commit larceny during its operational hours. However, a proposed bill would revise this definition to require an intent to pilfer retail property. As per current law, individuals with a previous conviction for certain sex crimes can be charged with a felony for shoplifting or stealing property worth $950 or less. The proposed bill stipulates that those convicted of petty theft or shoplifting, who also have two or more prior convictions for certain theft-related offenses, would be liable to imprisonment in county jail for a duration ranging from one year to three years. The existing law also allows for a charge of grand theft if the property stolen surpasses $950 across several related but distinct acts. The new bill supports the legislative findings that if the value of the stolen items exceeds $950 across related thefts, they can be collectively considered for prosecution under grand theft. Finally, the bill specifies that its provisions would only become effective after being approved by the voters, and proposes a submission to voters for approval at the next statewide general election. (Based on 02/01/2024 text)
Position: Support
Priority: (3) Significant
Subject: Public Safety
AB 2034 (Rodriguez, D) Crimes: loitering for the purpose of engaging in a prostitution offense.
Current Text: 02/01/2024 - Introduced HTML PDF
Status: 03/07/2024 - In committee: Hearing postponed by committee.
Summary: The current legislation, valid until the 1st of January, 2023, considers loitering in public places with the intent to engage in prostitution, a misdemeanor crime. A newly proposed bill would perpetuate this notion, maintaining the act as a misdemeanor and inducing other corresponding changes. This proposal can be viewed as creating a new crime, thereby mandating a state-enforced local program. (Based on 02/01/2024 text)
Position: Support
Priority: (3) Significant
Subject: Public Safety
SB 50 (Bradford, D) Vehicles: enforcement.
Current Text: 09/07/2023 - Amended HTML PDF
Last Amended: 09/07/2023
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/14/2023)(May be acted upon Jan 2024)
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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)
Position: Oppose
Priority: (3) Significant
Subject: Public Safety
SB 1034 (Seyarto, R) California Public Records Act: state of emergency.
Current Text: 02/06/2024 - Introduced HTML PDF
Status: 03/20/2024 - Set for hearing April 2.
Summary: In California, there is a law called the Public Records Act that states that state and local agencies must make their records available for public inspection. Within 10 days of a request for a copy of records, the agency must determine if the records are publicly available and inform the requester of their decision. In certain circumstances, this time limit can be extended by up to 14 days. This bill proposes to extend that time limit in cases where there is a state of emergency declared by the Governor, which has affected the agency's ability to respond to requests due to reduced staffing or closure of facilities. Additionally, the California Constitution requires local agencies to follow any new laws related to public records or open meetings, as long as the law furthers the purpose of ensuring public access. This bill also includes findings that support the need for such laws to protect the public's interest. (Based on 02/06/2024 text) Position: Support
Priority: (3) Significant
Subject: Legal and Records Management
Priority: (4) Standard
AB 296 (Rodriguez, D) Office of Emergency Services: 9-1-1 Public Education Campaign.
Current Text: 06/29/2023 - Amended HTML PDF
Last Amended: 06/29/2023
Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/14/2023)(May be acted upon Jan 2024) Summary: This bill establishes the 911 Public Education Campaign which is administered by the Office of Emergency Services within the Office of the Governor. This campaign has the goals of educating the public on when to use 911 for various emergencies, reducing unnecessary calls to 911 call centers, and reducing delays in the 911 system. The campaign focuses on giving local public agencies the ability to tailor the message to their specific area, including incorporating social media, and distributing the message to the public via local public agency channels. (Based on 06/29/2023 text)
Position: Support
Priority: (4) Standard
Subject: Public Safety
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SB 94 (Cortese, D) Recall and resentencing: special circumstances.
Current Text: 09/07/2023 - Amended HTML PDF
Last Amended: 09/07/2023
Status: 09/14/2023 - Failed Deadline pursuant to Rule 61(a)(14). (Last location was INACTIVE FILE on 9/14/2023)(May be acted upon Jan 2024)
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)
Position: Oppose
Priority: (4) Standard
Subject: Public Safety
SB 690 (Rubio, D) Domestic violence.
Current Text: 02/16/2023 - Introduced HTML PDF
Status: 09/01/2023 - Failed Deadline pursuant to Rule 61(a)(11). (Last location was APPR.
SUSPENSE FILE on 8/16/2023)(May be acted upon Jan 2024) 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)
Position: Support
Priority: (4) Standard
Subject: Public Safety
Priority: (5) Track/Watch
AB 1505 (Rodriguez, D) Seismic retrofitting: soft story multifamily housing.
Current Text: 07/03/2023 - Amended HTML PDF
Last Amended: 07/03/2023
Status: 09/14/2023 - Ordered to inactive file at the request of Senator McGuire.
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 71 5
Program and Building Resilient Infrastructure and Communities to support this program. (Based on 07/03/2023 text)
Position: Support
Priority: (5) Track/Watch
Subject: Planning, Land Use, Housing
Total Measures: 10
Total Tracking Forms: 10
72 73
74 EUNICE M. ULLOA
Mayor
KAREN C. COMSTOCK
Mayor Pro Tem
March 19, 2024
The Honorable Kelly Seyarto
California State Senate
1021 0 Street, Suite 7120
Sacramento, CA 95814
CITY of CHINO
CURTIS BURTON
CHRISTOPHER FLORES
MARC LUCIO
Council Members
DR. LJNDA REICH
City Manager
RE: SB 1034 (Seyarto): California Public Records Act: State of Emergency City of Chino - Support
Dear Senator Seyarto,
On behalf of the City of Chino, I am writing today to support your SB 1034. SB 1034 adds a clause to the "unusual circumstances" definition pertaining to a request of the California Public Records Act (Records Act). If the Governor proclaims a state of emergency, this qualifies as an "unusual circumstance" as defined in SB 1034, which extends the response time for a public records request to no more than 14 additional days.
A state of emergency can affect state and local agencies' ability to timely respond to Records Act requests due to decreased staffing or closure of the agency's facilities. Additionally, difficulties can include a combination of resource constraints, logistical hurdles, safety concerns, and the need to prioritize immediate needs. SB 1034 allows for an extension to the existing law which requires agencies to respond within 1 O days of receiving the request, as the state of emergency proclaimed by the Governor falls under an "unusual circumstance". The agency would now have an extension of not more than 14 days to respond. With an extension during a state of emergency this will allow agencies to prioritize urgent and life-threatening situations, instead of allocating resources to stay within the Records Act compliance.
SB 1034 allows agencies to focus on keeping their communities safe during a state of emergency.
During a state of emergency agencies may face a surge in demand for their services while simultaneously experiencing resource constraints. These constraints can include shortages in staffing, equipment, and supplies, and immediate safety concerns, making it difficult to promptly respond to public record requests to stay within the compliance period. SB 1034 allows agencies to focus on keeping their communities safe in a state of emergency.
The City of Chino applauds your leadership on this issue and is honored to support SB 1034.
Sincerely,
k��w)a{
Mayor
13220 Central Avenue. Chino. California 91710
Mailing Address: P.O. Box 667. Chino. California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.ci1yofchi11o.org
....J
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CITY OF CHINO – HIGH PRIORITY LEGISLATIVE ITEMS
March 21, 2024
PRIORITY LEGISLATION
SB 536 (Rubio) - Surplus state real property: Heman G Stark Youth Correctional Facility • SB 536 (as introduced) authorizes the Director of DGS to sell or lease property known as the California Department of Corrections and Rehabilitation Heman G Stark Youth Correctional Facility (Stark), located in the City of Chino, to the City at fair market value upon terms and conditions the Director determines are in the best interests of the State. • The bill authorizes the Director to sell the property below fair market value to provide housing to persons and families of low or moderate income, subject to reporting specified information 30 days before the sale to the chairpersons of the fiscal committees of the Legislature.
• SB 536 currently contains placeholder language related to horseracing. The author, Senator Susan Rubio, intends to amend the original language back into the bill. • The bill is currently in the Assembly pending referral to the Governmental Organizational Committee.
OTHER PRIORITY ITEMS
Initiative No. 21 -0042A1, The Taxpayer Protection and Government Accountability Act - November 5, 2024 ballot
• The initiative has qualified to be on the November 5, 2024 ballot. • It would require voter approval of statewide taxes, heighten the threshold for local taxes to pass, and require state and local lawmakers to pass fees. • If the initiative passes, s pecial taxes that were approved after January 1, 2022 by a majority but less than two -thirds of voters will be out of compliance with Initiative 21 - 0042A1. These local measures might end in December 2025, a year after the initiative's effective date, unless they are redrafted in compliance with the initiative, placed back on the ballot, and approved by voters prior to that date.
ACA 1 - November 5, 2024 ballot
• ACA 1 is a constitutional amendment that lowers the voter approval threshold from two- thirds to 55% for raising certain taxes for local governments to build public infrastructure, affordable housing, and permanent shelter for the homeless. • It would establish a threshold for cities, counties, and special districts in the specified categories, similar to that passed for school districts more than twenty years ago. 76 2
ACA 13 - November 5, 2024 ballot
• ACA 13 would require future ballot measures that increase voter approval requirements to also pass by the same threshold. It would also preserve the right of local governments to place advisory questions on the ballot asking voters their opinions on issues. • The measure specifies that the voter approval requirement would apply to statewide initiative measures that appear on the ballot on or after January 1, 2024 , thereby potentially significantly impact ing Initiative No. 21 -0042A1, another measure on the November 2024 ballot. If ACA 13 is approved by voters, Initiative No. 21-0042A1 must be approved by a two-thirds majority vote.
INFORMATIONAL ITEMS
Nomination of Assembly District 53 Woman of the Year
The City nominated Jamie Harwood for Woman of the Year for Assembly District 53. The nomination form was submitted to Assembly Member Freddie Rodriguez on March 5.
Legislative Calendar
• February 16 - Was the deadline to introduce new legislation for 2024. The final proposals from last month are in print , bringing the total for new introductions to over 2,000 bills, many of which were placeholders to be amended in coming weeks. Committee hearings do not begin until bills have been in print for 30 days. • March 21 - Spring recess begins.
• April 1 - Legislature reconvenes from spring recess.
• April 26 - Last day for policy committees to hear fiscal bills. • May 3 - Last day for policy committees to hear non-fiscal bills.
77 WASHINGTON UPDATE
MARCH 15, 2024
CONGRESSIONAL BUDGET ACTIVITY
Last week President Biden signed into law a six-bill funding measure after the House and Senate passed it. The measure contains spending for the following appropriations bills: Transportation - HUD, Interior -Environment, Military Construction -VA, Agriculture, Commerce -Justice-Science and Energy-Water Development. It will fund these agencies through the remainder of the fiscal year which is September 30. The six-bill package will cost $467.5 billion. The earmarks contained in the bills hopefully will become available in the next month or so.
Funding for the remaining six spending bills expires on March 22 . The remaining bills are Defense, Department of Homeland Security (DHS), Labor-HHS, Legislative Branch, Financial Services and State-Foreign Operations. The funding for these six bills totals $1.2 trillion. Defense comprises $826 billion of that spending.
Problems remain with these bills. Negotiations over the Fiscal Year 2024 Homeland Security bill have fallen apart and lawmakers are now planning for a full -year continuing resolution for the agency. The yearlong stopgap bill for the agency would count as "full -year appropriations" and not trigger automatic cuts on April 30 that were laid out in the debt limit law . Additionally, there are remaining issues with the Defense and Labor -HHS-Education bill, but those issues are being worked on and should be resol ved. The hope is to release bill language for the remaining bills this weekend, maybe Sunday night.
THE LEGISLATIVE CLOCK IS RUNNING ON TIK -TOK
The House passed a bill that could ban TikTok (also known as The Protecting Americans From Foreign Adversary Controlled Applications Act ) in a lopsided 352-65 vote on Wednesday. The bill would force ByteDance, TikTok’s China -based parent company, to divest the app within roughly five months of going into effect or be banned from U.S. app stores and web hosting services.
The bill moves to the Senate. Consideration of the bill could take longer depending on whether it goes to the Commerce Committee where the Chair has expressed an interest in amending the bill.
Also, there is opposition from Senator Rand Paul (R -KY) who believes it is unconstitutional. (See quote below.) Senator Paul also argued that some Americans have a financial stake in ByteDance (parent of TikTok) and that such a ban would be taking property away from Americans without proving a crime first. President Biden has indicated he will sign it into law.
78 BUDGET
The White House released its Fiscal Year (FY) 2025 budget request to Congress on Monday, March
11. This is part of the unofficial start of the next fiscal year budget season. Remember we are still finishing off work on the FY2024 budget. This is more of a political document and wish list than anything that will likely become law.
QUOTABLE QUOTE (S)
Senator Rand Paul (R -KY) said of the TikTok bill, “TikTok is banned in China. We’re thinking – or people who want to ban it are thinking – Wow, we’re going to really defeat the Chinese communists, by becoming Chinese authoritarians and banning it in our country? TikTok is banned in China. So, we’re going to emulate the Chinese communists by banning it in our country? It makes no sense whatsoever .” Senator Paul has a libertarian streak in him . His father , former Congressman Ron Paul, ran for President under the Libertarian Party label.
79 MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT
..titl e
Annual Comprehensive Financial Report for Fiscal Year 2022-23. ..end
RECOMMENDATION
Receive and file the City of Chino’s Annual Comprehensive Financial Report for Fiscal Year 2022-23.
..body
FISCAL IMPACT
No fiscal impact.
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:
Financial Stability
Responsible Long-Range Planning
Exemplary Leadership
Revenue:
Expenditure:
Transfer In: Transfer Out:
80 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 2022-23.
PAGE: 2
BACKGROUND
The Annual Comprehensive Financial Report (ACFR) of the City of Chino, California, for the period ending June 30, 2023, has been prepared by the Finance Department and is now available for review. The report was prepared in accordance with the guidelines set forth by the Governmental Accounting Standards Board (GASB). Badawi & Associates conducted the City’s independent audit in accordance with generally accepted auditing standards. This year’s financial report received an unmodified, or “clean,” opinion.
ISSUES/ANALYSIS
The City’s ACFR presents the overall financial position of the City. This enables readers of the financial statements to evaluate the overall financial progress of the City and the costs of the service levels provided to its citizens. The City’s overall financial position includes not only revenues and expenditures, but also Capital Assets (such as land, buildings, and infrastructure), as well as outstanding liabilities (such as Long -Term debt). Additionally, the City’s financial statements include financial information relating to agreements between the City and thi rd-party entities for services such as quality potable water, sewage treatment, Workers’ Compensation, and General Liability coverage.
The final audited FY 2022 -23 results show that ending General Fund reserves decreased by $3.7 million. On-going operations showed a loss of $1.5 million, with one -time items decreasing reserves by $2.2 million. From an operational standpoint, total General Fund revenues were $104.9 million with expenditures coming in at $108.6 million. General Fund Reserves ended the year at $68.7 million.
-
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
Budget Actuals
FY 2022-23 General Fund Operations
Total Revenues Total Expenditures General Fund Reserves 81 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 2022-23.
PAGE: 3
The City of Chino has again applied for the Government Finance Officers Association ( GFOA) of the United States and Canada, and the California Society of Municipal Finance Officers (CSMFO) Awards for “Outstanding Financial Reporting.” These Certificates of Achievement are the highest form of recognition for excellence in state and local government financial reporting.
To be awarded a Certificate of Achievement, the government unit must publish a readable, efficient, and organized Annual Comprehensive Financial Report; the contents of which conform to specific standards of the certificate program.
A copy of the ACFR for Fiscal Year 2022 -23 is available in the Finance Department as well as the City of Chino website at: www.cityofchino.org/223/Financial-Reports
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82 MEMORANDUM
CITY OF CHINO
FINANCE DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE
SUBJECT
..titl e
Declaration of Intention to Establish Improvement Area 11 in Community Facilities District 2003- 3 and incur Bonded Indebtedness for the Improvement Area.
..end
RECOMMENDATION
1) Adopt Resolution No. 2024 -011, declaring the City of Chino’s intention to establish Improvement Area No. 11 in Community Facilities District No. 2003 -3; 2) adopt Resolution No. 2024-012 declaring the City of Chino’s Intention to Incur Bonded Indebtedness for the proposed Improvement Area 11 of the Community Facilities District No. 2003 -3; 3) approve a Reimbursement Agreement between the City of Chino and The Chino Preserve Development Corp.; and 4) authorize the City Manager to exe cute all necessary documents on behalf of the City.
..body
FISCAL IMPACT
The City will receive City Services Tax revenue of approximately $13 9,182 per year upon build out of Improvement Area 11. This revenue is intended to offset the cost of providing City services to the homes within CFD 2003-3.
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: 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. 83 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: DECLARATION OF INTENTION TO ESTABLISH IMPROVEMENT AREA 11 IN COMMUNITY FACILITIES DISTRICT 2003 -3 AND INCUR BONDED INDEBTEDNESS FOR THE IMPROVEMENT AREA.
PAGE: 2
BACKGROUND
Lewis Operating Corporation (Lewis) is the primary land developer in The Preserve. Lewis is currently developing their land with residential, commercial and community facilities. As part of the development of The Preserve, the City of Chino is requiring Lewis to build the necessar y public infrastructure to serve the residents and businesses of the new project area. In order to help Lewis finance the cost of the required infrastructure improvements, the City has formed Community Facilities District (CFD) No. 2003-3.
CFD No. 2003-03 was formed in 2004 and was designed to utilize Improvement Areas to issue bonds as The Preserve developed over time to finance certain public facilities, and to pay for necessary ongoing municipal services authorized by the Mello -Roos Act and the formati on documents with respect to CFD No. 2003 -3. To date, ten Improvement Areas have been established. The public improvements for the Lewis project have consisted of backbone infrastructure such as sewer, water and gas lines, storm drain connections, street s, curb and gutters, streetlight and traffic signal improvements, landscaped medians, fire station, joint use community center and other required facilities. Authorized municipal services payable from the improvement areas include maintenance of parks, pa rkways, and open space; flood and storm protection; operation of storm drainage systems; and public safety services.
Lewis has approached the City and wishes to establish Improvement Area 11 within CFD No. 2003-3. See attached map.
ISSUES/ANALYSIS
Current Government Code provisions require the City to adopt a Resolution of Intention to establish the Improvement Area, and to declare its intention to incur bonded indebtedness for the proposed Improvement Area. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must be published in a local newspaper. After the public hearing has been held, an election is he ld for the affected property owners to cast their ballots.
The ballots are then counted, and if the Improvement Area is approved by the property owner(s), the City adopts a resolution determining the formation of the Improvement Area.
On May 7, 2024, a public hearing will be scheduled on the following:
1. Establishment of Improvement Area 11 and the levy of a special tax therein
2. Approval of the proposed bonds for Improvement Area 11
The levy of the proposed special tax shall be subject to approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mail or hand delivered ballots to the landowners in the proposed Improvement Area 11.
Pursuant to Section 53314.9 of the Mello -Roos Community Facilities Act of 1982, the City proposes to authorize bonded indebtedness for financing the acquisition and/or construction of certain public improvements and City development impact fees not to exceed the aggregate principal amount of $20,000,000.
84 CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: DECLARATION OF INTENTION TO ESTABLISH IMPROVEMENT AREA 11 IN COMMUNITY FACILITIES DISTRICT 2003 -3 AND INCUR BONDED INDEBTEDNESS FOR THE IMPROVEMENT AREA.
PAGE: 3
The CFD bonds are paya ble from and secured by special taxes, which are levied upon each individual property within Improvement Area 11. The General Fund of the City of Chino is not obligated to pay debt service on the bonds.
Attachments: Resolution No. 2024-011 (Exhibits A, B, C) Resolution No. 2024-012
Reimbursement Agreement
Improvement Area 11 Boundary Map
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85 1
RESOLUTION NO. 2024-011
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH
IMPROVEMENT AREA NO. 1 1 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3, TO AUTHORIZE THE LEVY OF A SPECIAL
TAX TO PAY THE COST OF ACQUIRING OR CONSTRUCTING
CERTAIN PUBLIC FACILITIES, PROVIDE CERTAIN SERVICES
AND PAYING FOR CERTAIN INCIDENTAL EXPENSES AND TO
PAY DEBT SERVICE ON BONDED INDEBTEDNESS
WHEREAS, on July 20, 2004, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2004 -055 (the “Resolution of Formation”) to form Community Facilities District No. 2003 -3 of the City of Chino (the “Community Facilities District ”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain public facilities and services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and
WHEREAS, the City has received petitions from at least 10% of the owners of the territory described in Exhibit A attached hereto (the “Property”), requesting to establish Improvement Area No. 11 of the Community Facilities District (the “Improvement Area”) to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B hereto (which attachment is incorporated herein by this reference), including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), which Facilities have a useful life of five years or longer, (2) the services described in Exhibit B hereto (collectively the “Services”) and (3) the incidental expenses to be incurred in co nnection with financing the Facilities and/or Services, and forming the Improvement Area and administering the Community Facilities District (the “Incidental Expenses”); and
WHEREAS, the City Council of the City (the “City Council”), acting as the legislative body of the Community Facilities District, further intends to approve an estimate of the costs of the Facilities, Services and the Incidental Expenses for the Improvement Area; and WHEREAS, it is the intention of the City Council to consider financing the Facilities, Services and the Incidental Expenses through the annexation of a portion of the Property to the Community Facilities District and the formation of the Improvement Area, and the sale of bonds (excluding the Services) in an amount not to exceed $20,000,000 (the “Obligations”) and the levy of a special tax to pay debt service on the Obligations, provided that the bond sale and special tax levy are approved at elections to be held for the Improvement Area; and
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the establishment of Improvement Area No. 11 of the Community Facilities District with boundaries coterminous with the Property. It is further proposed that the boundaries of the Improvement Area shall be the legal boundaries as described in Exhibit A hereto which boundaries shall, upon recordation of the boundary map for the Improvement Area 86 2
of the Community Facilities District, include the entirety of any parcel subject to taxation by Community Facilities District within the Improvement Area , except where indicated on the boundary map, and as depicted on the boundary map of the Improvement Area of the Community Facilities District which is on file with the City Clerk. The City Clerk is hereby directed to sign the original boundary map of the Improvement Area of the Community Facilities District and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.
Section 2. Name of the Community Facilities District . The name of the existing Community Facilities District is “Community Facilities District No. 2003 -3 of the City of Chino, County of San Bernardino, State of California,” and the name of the proposed Improvement Area shall be “Improvement Area No. 11 of Community Facilities District No. 2003 -3 of the City of Chino, County of San Bernardino, State of California.”
Section 3. Types of Facilities and Services to be Financed by the Improvement Area .
The Facilities proposed to be provided within the Improvement Area are public facilities as defined in the Act. The City Council hereby finds and determines that the description of the Facilities, Services and Incidental Expenses herein is sufficiently informative to allow taxpayers within the Improvement Area to understand what the funds of the Improvement Area may be used to finance, the Facilities, Services and Incidental Expenses expected to be incurred, including the cost of planning and designing the Facilities, the costs of annexing the Property to t he Community Facilities District and forming the Improvement Area, issuing bonds, levying and collecting a special tax within the Improvement Area and the annual administration costs of the Improvement Area. The City Council hereby finds that the proposed Facilities and Services are necessary to meet increased demands placed upon the City as a result of development occurring in the Improvement Area. The Facilities may be acquired from one or more of the property owners as completed public facilities or may be constructed by or on behalf of the City and paid for with bond proceeds. Any portion of the Facilities may be financed through a lease or lease -purchase arrangement if the City hereafter determines that such arrangement is of benefit to the City.
Section 4. Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax, secured by a continuing lien against all non-exempt real property in the Improvement Area, sufficient to pay for the Facilities, Services and Incidental Expenses and the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Incidental Expenses, including the establi shment and replenishment of any reserve funds deemed necessary by the City, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash) attributable to the Improvement Area. The rate and method of apportionment and manner of collection of the special tax in the Improvement Area is described in detail in Exhibit C attached hereto (which attachment is incorporated herein by this reference). Exhibit C all ows each landowner within the Improvement Area to estimate the maximum amount that may be levied against each parcel.
If special taxes of the Improvement Area are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall not be increased except to the extent permitted in the rate and method, (ii) Special Tax A shall not be levied later than the 2067-68 Fiscal Year and Special Tax B shall be levied in perpetuity as long as the Services are being provided, (iii) under no circumstances shall such special tax in the Improvement Area be 87 3
increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Improvement Area by more than ten percent (10%).
The special tax is based on the expected demand that each parcel of real property within the Improvement Area will place on the Facilities and Services and on the benefit that each parcel derives from the services to be provided by the Facilities. The City Council hereby de termines the rate and method of apportionment of the special tax set forth in Exhibit C to be reasonable.
The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on or based upon the value or ownership of real property.
In the event that a portion of the property within the Improvement Area shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Exhibit C, the City Council shall, on behalf of the Community Facilities District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Exhibit C, to the extent necessary upon the remaining property within the Improvement Area which is not exempt in order to yield the special tax revenues required for the purposes described in this Section. The obligation to pay special taxes may be prepaid as provided in the rate and method of apportionment set forth in Exhibit C, as such rate and method may be amended hereafter.
Section 5. Public Hearing. A combined public hearing (the “Hearing”) on the annexation of the Property to the Community Facilities District, the establishment of the Improvement Area, the proposed rate and method of apportionment of the special tax and the proposed issuance of bonds to finance the Facilities and the Incidental Expenses shall be held at 6 p.m., or as soon thereafter as practicable, on May 7, 2024, at the City Council’s Chambers, 13220 Central Avenue, Chino, California. If the City Council determines to form the Improvement Area, a special election will be held to authorize the issuance of the bonds and the levy of the special tax in accordance with the procedures contained in Government Code Section 53326. If such election is held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the Improvement Area at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Improvement Area. Ballots for the special election may be distributed by mail or by personal service.
At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the Improvement Area shall be established and whether special taxes shall be levied in accordance with the proposed method of apportionment of the special tax, and whether Obligations shall be issued to finance Facilities and Incidental Expenses o f the Improvement Area.
At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Improvement Area, may appear and be heard.
Section 6. Notice. The City Clerk is hereby authorized and directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Improvement Area. The City Clerk is further authorized and directed to ma il a copy of the Notice to each of the landowners within the boundaries of the Improvement Area at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the Improvement Area and a description of the 88 4
proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
Section 7. Reports re Facilities and Services . Each City officer who is or will be responsible for providing the Facilities and Services within the Improvement Area, if it is established, is hereby directed to study the Improvement Area and, at or before the time of the Hearing, file a report with the City Council containing a brief description of the public facilities and services by type which will in his or her opinion be required to meet adequately the needs of the Improvement Area and an estimate of the cost of providing those public facilities and services.
Section 8. Advance of Funds. The City may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the Improvement Area. The City may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.
Section 9. Maximum Bonded Indebted ness. The reasonably expected maximum principal amount of the Obligations is Twenty Million Dollars ($20,000,000).
Section 10. Reservation of Rights. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment).
Section 11. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED by the City Council at a regular meeting held on the 2nd day of April 2024.
CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino
89 5
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 2nd day of April 2024, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A, B and C
90 A-1
EXHIBIT A
DESCRIPTION OF THE PROPOSED IMPROVEMENT AREA
The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:
1057-181-29-0-000 (portion)
1057-181-30-0-000 (portion)
1057-181-36-0-000 (portion)
91 B-1
EXHIBIT B
DESCRIPTION OF PUBLIC FACILITIES AND SERVICES
TYPES OF PUBLIC FACILITIES
The types of Facilities that are proposed by CFD No. 2003 -3 and financed with the proceeds of special taxes and bonds issued by CFD No. 2003 -3 consist of backbone infrastructure needed for new development, such as roadwa y, bridge, sewer, water, reclaimed water, dry utilities, storm drain, street and parkway landscaping, curb and gutter, medians, median landscaping, traffic signals, entry signage, parks, trails, fire facilities, library facilities and public community facilities, and appurtenances and appurtenant work, and development impact fees that are used by the City to construct infrastructure.
The facilities are necessary for development of the property within the boundaries of the district and are generally intended to comply with the requirements of The Preserve Specific Plan, dated March 2003, as it may be amended.
The amount of bond proceeds disbursed with respect to dry utilities and the City ’s 12% administrative fee relating to Public Facilities shall be approved by the City and shall not exceed the limitations established by federal and state law applicable to tax-exempt municipal bonds.
The description of Public Facilities is general in nature. The final nature and location of the Public Facilities will be determined upon preparation of final plans and specifications.
TYPES OF SERVICES
The types of Services that are proposed to be provided by CFD No. 2003 -3 and funded with the proceeds of special taxes levied by CFD No. 2003-3 consist of services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.
92 EXHIBIT C
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-3
OF THE CITY OF CHINO
(IMPROVEMENT AREA NO. 11)
The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A and Annual Special Tax B in Improvement Area No. 11 of the City of Chino (“City”) Community Facilities District No. 2003 -3 (“CFD No. 2003-3”). An Annual Special Tax A and Annual Special Tax B shall be levied on and collected in Improvement Area No. 11 of CFD No. 2003-3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 11, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acquisition Agreement” means the Acquisition Agreement dated as of May 18, 2004 by and between the City and Chino Development Corporation, et al, as it may be amended.
“Acre” or “Acreage” means the land area of an Assessor ’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer. “Act” means the Mello -Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any ordinary and necessary expenses allocabl e to the Special Tax A Requirement and to the Special Tax B Requirement which are incurred by the City on behalf of Improvement Area No. 11 related to the determination of the amount of the levy of Special Tax A and Special Tax B, the collection of Special Tax A and Special Tax B including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 11, and cost s otherwise incurred in order to carry out the authorized purposes of CFD No. 2003 -3 relating to Improvement Area No. 11.
“Administrator” means an official of the City, or designee thereof, responsible for, among other things, determining the annual amount of the levy and collection of the Special Tax A and Special Tax B.
93 “Agricultural Buffer Property” means all Assessor’s Parcels which have a restriction on development due to their location being within 100 feet of existing animal use pursuant to the “DEVELOPMENT PLAN, General Development Standards, Right -to-Farm, Development Standards” section of the Preserve Specific Plan approved on March 25, 2003.
“Annual Special Tax A” means for each Assessor’s Parcel, the Special Tax A actually levied in a given Fiscal Year on any Assessor’s Parcel. “Annual Special Tax B” means for each Assessor’s Parcel, the Special Tax B actually levied in a given Fiscal Year on any Assessor’s Parcel. “Approved Property ” means all Assessor ’s Parcels of Taxable Property other than Provisional Undeveloped Property: (i) that are included in a Final Map that was recorded prior to th e January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) that have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied. “Assessor’s Parcel” means a lot or parcel of land designated on an Assessor ’s Parcel Map with an assigned Assessor ’s Parcel Number within the boundaries of Improvement Area No. 11.
“Assessor’s Parcel Map ” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that number assigned to a lot or parcel of land by the County Assessor for purposes of identification.
“Assigned Annual Special Tax A” means the Special Tax A of that name described in Section D below.
“Backup Annual Special Tax A ” means the Special Tax A of that name described in Section E below.
“Bonds” means those bonds issued by or on behalf of CFD No. 2003 -3 Improvement Area No. 11, or any refunding thereof, to which Special Tax A within Improvem ent Area No. 11 has been pledged.
“Boundary Map” means a recorded map of the CFD No. 2003 -3 which indicates the boundaries of Improvement Area No. 11 of CFD No. 2003-3. “Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.
“Calendar Year” means the period commencing Jan uary 1 of any year and ending the following December 31.
94 “CFD No. 2003-3” means Community Facilities District No. 2003 -3 Improvement Area No. 11 established by the City under the Act.
“City” means the City of Chino, or its designee.
“City Council” means the City Council of the City of Chino, acting as the legislative body of CFD No. 2003-3, or its designee.
“Consumer Price Index ” or “CPI” means the index published monthly by the U.S.
Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside- San Bernardino -Ontario area. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside -San Bernardino- Ontario.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor ’s Parcels of Taxable Property other than Provisional Undeveloped Property that: (i) are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Special Tax A or Special Tax B is being levied. “Exempt Property” means all Assessor’s Parcels designated as being exempt from both Special Tax A and Special Tax B as provided for in Section L. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period commencing July 1 of any year and ending the following June 30.
“Improvement Area No. 11” means Improvement Area No. 11 of CFD No. 2003 -3, as identified on the boundary map for CFD No. 2003-3 Improvement Area No. 11. “Land Use Type” means Residential Property, Multifamily Residential Property, or Non- Residential Property.
“Maximum Special Tax A” means for each Assessor’s Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied in any Fiscal Year on such Assessor’s Parcel.
“Maximum Special Tax B ” means for each Assessor ’s Parcel of Developed Property, the maximum amount of Special Tax B, determined in accordance with Section I that can be levied in any Fiscal Year on such Assessor’s Parcel. 95 “Multifamily Residential Property” means all Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised of attached Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the Administrator. “Non-Residential Property” means all Assessor ’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use. “Partial Prepayment Amount” means the amount required to prepay a portion of the Special Tax A obligation for an Assessor’s Parcel, as described in Section H. “Prepayment Amount ” means the amount required to prepay the Special Tax A obligation in full for an Assessor’s Parcel, as described in Section G. “Proportionately” means for Special Tax A that the ratio of the Annual Special Tax A levy to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor’s Parcels. In the case of Special Tax B , means that the ratio of the Annual Special Tax B levy to the applicable Maximum Special Tax B is equal for all applicable Assessor ’s Parcels. In case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, “Proportionately” means that the quotient of (a) Annual Special Tax A less the Assigned Annual Special Tax A divided by (b) the Backup Annual Special Tax A less the Assigned Annual Special Tax A, is equal for all applicable Assessor’s Parcels.
“Provisional Undeveloped Property” means all Assessor’s Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section L, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section L.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructin g one or more residential dwelling units, which is not Multifamily Residential Property. “Services” means services permitted under the Act including, without limitation, maintenance of parks, parkways and open space, flood and storm protection services the operation of storm drainage systems, and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3. “Special Tax A ” means any of the special taxes authorized to be levied on Taxabl e Property within Improvement Area No. 11 by CFD No. 2003-3 pursuant to the Act to fund the Special Tax A Requirement.
“Special Tax B ” means the special tax authorized to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax B Requirement. “Special Tax A Requirement ” means, subject to the Maximum Special Tax A, the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all 96 outstanding Bonds due in the Calendar Year that comme nces in such Fiscal Year, (ii) Administrative Expenses (apportioned between Special Tax A and Special Tax B), (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction of facilities or payment of fees authorized by CFD No. 2003 -3 by the levy on Developed Property of the Assigned Annual Special Tax A, as required by the Acquisition Agreement provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F, less (vi) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement, or trust agreement. “Special Tax B Requirement ” means, subject to the Maximum Special Tax B, that amount to be collected in any Fiscal Year to pay for certain services as required to meet the needs of CFD No. 2003 -3 in both the current Fiscal Year and the next Fiscal Year.
The costs of services to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses (apportioned between Special Tax A and Special Tax B); less (iii) a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the Administrator. Under no circumstances shall the Special Tax B Requirement include funds for Bonds.
“Taxable Property ” means all Assessor ’s Parcels within Improvement Area No. 11, which are not Exempt Property.
“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property or Provisional Undeveloped Property. “Unit” means any residential structure.
SECTION B
CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2024 -25, each Assessor ’s Parcel within Improvement Area No. 11 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor ’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property, or Non - Residential Property.
SECTION C
MAXIMUM SPECIAL TAX A
1. Developed Property
The Maximum Special Tax A for each Assessor ’s Parcel of Residential Property, Multifamily Residential Property, or Non -Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax A or (ii) the Backup 97 Annual Special Tax A.
2. Approved Property, Undeveloped Property, and Provisional Undevelop ed Property
The Maximum Special Tax A for each Assessor ’s Parcel classified as Approved Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year shall be the Assigned Annual Special Tax A.
SECTION D
ASSIGNED ANNUAL SPECIAL TAX A
1. Developed Property
Each Fiscal Year, each Assessor ’s Parcel of Residential Property, Multifamily Residential Property, or Non-Residential Property shall be subject to an Assigned Annual Special Tax A.
The Assigned Annual Special Tax A applicable to an Assessor ’s Parcel of Developed Property shall be determined using the Table below.
TABLE 1
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY
Land Use Type Building Square
Footage
Rate
Residential Property Less than 3,200 $9,150 per Unit
Residential Property Greater than 3,200 $10,555 per Unit Multifamily Residential
Property
N/A $80,447 per Acre
Non-Residential Property N/A $80,447 per Acre
2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property
Each Fiscal Year, each Assessor ’s Parcel of Approved Property, Undeveloped Property, and Provisional Undeveloped Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A rate for an Assessor’s Parcel classified as Approved Prop erty, Undeveloped Property, or Provisional Undeveloped Property shall be determined pursuant to Table 2 below:
98 TABLE 2
ASSIGNED ANNUAL SPECIAL TAX A RATES
FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY,
AND PROVISIONAL UNDEVELOPED PROPERTY
Minimum Taxable Acreage Rate
13.93 $80,447 per Acre
If an Assessor’s Parcel of Approved Property or Undeveloped Property includes an area that would be classified as Agricultural Buffer Property the Acreage of the Assessor ’s Parcel for purposes of levying the Assigned Annual Special Tax A shall exclude the Acreage of the area that would be classified as Agricultural Buffer Property.
SECTION E
BACKUP ANNUAL SPECIAL TAX A
At the time a Final Map is recorded, the Backup Annual Special Tax A for all Assessor ’s Parcels classified or reasonably expected to be classified as Residential Property within such Final Map area shall be determined by multiplying the Maximum Special Tax A rate for Undeveloped Pr operty by the total Acreage of Taxable Property, excluding the Provisional Undeveloped Property Acreage area, or Multifamily Residential Property and/or Non-Residential Property Acreage area if any, in such Final Map area and any Acreage reasonably expecte d to be classified as Exempt Property, and dividing such amount by the total number of such Assessor ’s Parcels of Residential Property. In no circumstance shall the total Acreage of Taxable Property be less than the acreage set forth in Table 2.
The Backup Annual Special Tax A for Multifamily Residential Property shall be its Annual Assigned Special Tax A Rate.
Notwithstanding the foregoing, if Assessor’s Parcels which are classified or to be classified as Residential Property or Multifamily Residential Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backu p Annual Special Tax A that would have been generated if such change did not take place.
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A
Commencing Fiscal Year 2024-25 and for each subsequent Fiscal Year, the City Council shall levy Annual Special Tax A in accordance with the following steps:
Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax A rates in Table 1 to satisfy the Special Tax A Requirement.
99 Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the applicable Assigned Annual Special Tax A to satisfy the Special Tax A Requirement.
Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Speci al Tax A shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Assigned Annual Special Tax A for Undeveloped Property applicable to each such Assessor ’s Parcel as needed to satisfy the Special Tax A Requirement.
Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the Annual Special Tax A on each Assessor ’s Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100% of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor ’s Parcel of Provisional Undeveloped Property up to 100% of the Assigned Annual Special Tax A applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax A Requirement.
SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAX A
The following definition applies to this Section G:
“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax A which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Tax A.
Prepayment:
The Special Tax A obligation of an Assessor ’s Parcel of Developed Property, an Assessor’s Parcel of Approved Property, an Assessor’s Parcel of Undeveloped Property, and an Assessor ’s Parcel of Provisional Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid. The Prepayment Amount for an Assessor ’s Parcel eligible for prepayment shall be determined as described below.
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An owner of an Assessor’s Parcel intending to prepay the Special Tax A obligation shall provide the City with written notice of intent to prepay, and within five (5) days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by Improvement Area No. 11 in calculating the proper amount of a prepayment. Within fifteen (15) days of receipt of such non-refundable deposit, the City shall notify such owner of the prepayment amount of such Assessor ’s Parcel.
The Prepayment Amount for each applicable Assessor ’s Parcel shall be calculated according to the following formula (capitalized terms defined below):
Payoff Amount
plus Administrative Fee
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
1. For an Assessor ’s Parcel of Developed Property and Provisional Undeveloped Property, compute the Assigned Annual Special Tax A applicable to the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property, compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be i ssued for that Assessor’s Parcel. For an Assessor ’s Parcel of Undeveloped Property compute the Assigned Annual Special Tax A as though it was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor’s Parcel.
For each Assessor ’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, compute the present value of the remaining Annual Assigned Special Tax A payments using a discount rate that is equal to the weighted average interest rate on the Outstanding Bonds and the remaining term of the Outstanding Bonds
determined by a Financial Advisor selected by the City. For any prepayment that occurs prior to the first issuance of Bon ds, the discount rate used in this calculation shall be 5.5% and the term shall be the period in which the Special Tax A may be levied as provided in Section K less ten years. This is the “Payoff Amount.”
2. For each Assessor ’s Parcel of Developed Propert y, Approved Property, Undeveloped Property, or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax A computed pursuant to the first paragraph in paragraph 1 of this Section G for such Assessor’s Parcel by the sum of the e stimated Assigned Annual Special Tax applicable to all Assessor ’s Parcels of Taxable Property at build out, as reasonably determined by the 101
City.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds. The product shall be the “Bond Redemption Amount”.
4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the “Redemption Premium.”
5. Compute th e amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds.
6. Determine the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium in State and Local Government Series Treasury
Obligations until the earliest call date for the Outstanding Bonds.
7. Subtract the amount computed pursuant to paragraph 6 from the amount computed pursuant to paragraph 5. This difference is the “Defeasance Cost.”
8. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the “Administrative Fee.”
9. Calculate the “Reserve Fund Credit ” as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than zero.
10. The “Amount to Call Bonds ” is equal to the sum of the Bond Redemption Amount, the Redemption Premium, and the
Defeasance Cost, less the Reserve Fund Credit (the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds).
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11. The Prepayment Amount is the sum of the Payoff Amount and the Administrative Fee.
12. From the Prepayment Amount, the Amount to Call Bonds will be transferred to the debt servi ce fund and used to defease or call bonds pursuant to the fiscal agent agreement or escrow agreement; the Administrative Fee will be transferred to the Administrative Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement an d used to pay administrative expenses; the remainder will be transferred to the Surplus Taxes Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement.
With respect to the Special Tax A obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area No. 11 that there has been a prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax A obligation and the release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such Special Tax A shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such full prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all Outstanding Bonds in each future Fiscal Year.
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A obligation of an Assessor ’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Und eveloped Property, for which a building permit has been issued or is expected to be issued, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding wit h respect to such Assessor ’s Parcel at the time the Special Tax A obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = PG x F
The terms above have the following meanings:
PP = the Partial Prepayment Amount.
PG = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner of the Assessor’s Parcel is partially prepaying the Special Tax A obligation.
With respect to any Assessor ’s Parcel that is partially prepai d, the City Council shall 103
indicate in the records of Improvement Area No. 11 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of rec eipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the partial release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor ’s Parcel to pay such prepaid portion of the Special Tax A shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
SECTION I
MAXIMUM SPECIAL TAX B
1. Developed Property
Maximum Special Tax B
The Maximum Special Tax B for each Assessor ’s Parcel of Developed Property for each Land Use Type is shown in the Table below.
On each July 1, commencing July 1, 2025, the Maximum Special Tax for the prior Fiscal Year shall be increased by (i) an amount equal to the perce ntage change increase in the Consumer Price Index for the twelve month period ending in March of the prior Fiscal Year.
TABLE 3
MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY
Land Use Type Building Square Footage Rate
Residential Property Less than 3,200 $1,138 per Unit
Residential Property Greater than 3,200 $1,310 per Unit Multifamily Residential
Property
N/A $9,994 per Acre
Non-Residential Property N/A $9,994 per Acre
2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property
No Special Tax B shall be levied on Approved Property, Undeveloped Property, or Provisional Undeveloped Property.
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3. Method of Apportionment of the Maximum Special Tax B Commencing with Fiscal Year 2024-25 and for each following Fiscal Year, the City shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor ’s Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement.
SECTION J
PREPAYMENT OF ANNUAL SPECIAL TAX B
Special Tax B cannot be prepaid.
SECTION K
TERM OF SPECIAL TAX A AND SPECIAL TAX B
For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all Assessor ’s Parcels subject to the Annual Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after all Bonds are retired, the Annual Special Tax A may be levied to the extent necessary to reimburse Improvement Area No. 11 for uncollected Annual Special Tax A amounts associa ted with the levy of such Annual Special Tax A amounts, but not later than the 2067-68 Fiscal Year.
Special Tax B shall be levied in perpetuity as long as the Services are being provided.
SECTION L
EXEMPT PROPERTY
The City shall classify as Exempt Property, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor ’s Parcels which are used a s places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor ’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners’ association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.
Notwithstanding the foregoing, the City Council for purposes of levying the Special Tax A shall not classify an Assessor ’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than the Acreage amounts listed in Table 4 below. Assessor ’s Parcels which cannot be classified as Exempt Property because such classification would reduce the Acr eage of all Taxable Property to less than the Acreage amounts listed in Table 4 will be classified as Provisional Undeveloped Property, and will be subject to the levy of Special Tax A pursuant to Step Five in Section F. 105
TABLE 4
MINIMUM TAXABLE ACRES
Acres
13.93 SECTION M
APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Special Tax A or Special Tax B is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A or Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner, The representative shall take any of the following actions, in order of priority, to correct the error:
(i) if possible, amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year, if prior to the payment date, (ii) require the CFD to r eimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or
(iii) grant a credit against, eliminate, or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment.
The City may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.
SECTION N
MANNER OF COLLECTION
The Annual Special Tax A or Annual Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area No. 11 may collect Annual Special Tax A and Annual Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.
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1 RESOLUTION NO. 2024-012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, TO INCUR BONDED INDEBTEDNESS WITHIN
IMPROVEMENT AREA NO. 11 OF COMMUNITY FACILITIES
DISTRICT NO. 2003-3 OF THE CITY OF CHINO
WHEREAS, on July 20, 2004, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2004-55 (the “Resolution of Formation”) to form Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain public facilities and services which are necessary to meet increased demands placed upon the City of Chino (t he “City”) as a result of the development of said real property; and
WHEREAS, upon receipt of a petition as provided in Section 53339.2 of the Act, the City Council of the City (the “City Council”) instituted proceedings to establish Improvement Area No. 11 of the Community Facilities District (the “Improvement Area”) with boundaries coterminous with the property described in Exhibit A to Resolution No. 2024-011 (the “Resolution of Intention”) adopted on April 2, 2024 (the “Property”). The Resolution of Intention stated the City Council’s intention establish the Improvement Area and to finance (1) the purchase, construction, expansion, improvement or rehabilitation of the public facilities described in Exhibit B to the Resolution of Inte ntion, including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), (2) the services described in Exhibit B to the Resolution of Intention (collectively the “Services”) and ( 3) the incidental expenses to be incurred i n connection with financing the Facilities and/or Services, and forming the Improvement Area and administering the Community Facilities District (the “Incidental Expenses”); and WHEREAS, the City Council estimates that the amount required to finance the Facilities and Incidental Expenses is approximately $20,000,000; and WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council intends to authorize the issuance of bonds in an amount not to exceed $20,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the Improvement Area , other than those properties exempted from taxation in the rate and method of apportionment set forth in Exhibit C to the Resolu tion of Intention;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. It is necessary to incur bonded indebtedness within the boundaries of the Improvement Area in an amount not to exceed $20,000,000, in order to finance certain of the costs of the Facilities and Incidental Expenses, as permitted by the Act.
SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve 107
2 funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitt ed to be financed pursuant to the Act.
SECTION 4. It is the intent of the City Council to authorize the sale of bonds in one or more series, which bonds may be issued to fund Facilities costs and Incidental Expenses in the maximum amount set forth in Section 2, and which bonds may bear interest at a rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds of such series, but such term shall in no event exceed 40 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.
SECTION 5. A combined public hearing (the “Hearing”) on the proposed debt issue and the levy of special taxes shall be held at 6 p.m. or as soon thereafter as practicable, on May 7, 2024, at the City Council’s Chambers, 13220 Central Avenue, Chino, California.
SECTION 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed the Improvement Area, may appear and be heard.
SECTION 7. The City Clerk is hereby directed to publish a notice of the Hearing (the “Notice”) pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Improvement Area. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the proposed Improvement Area at least 15 days prior to the Hearing.
PASSED AND ADOPTED by the City Council at a regular meeting held on the 2nd day of April 2024.
CITY COUNCIL OF THE CITY OF CHINO
By:_____________________________________
Eunice M. Ulloa,
Mayor of the City of Chino
ATTEST:
________________________________
Natalie Gonzaga
City Clerk of the City of Chino
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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 2nd day of April 2024, by the following votes:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
NATALIE GONZAGA, CITY CLERK
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110
111
112
113
114
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SAN BERNARDINO COUNTY RECORDER’S CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER
_________________ THIS _____ DAY OF _________________,
20____, AT ____ __ M., IN BOOK ____ OF ________________ AT PAGE ____, AT THE REQUEST OF CITY OF CHINO IN
THE AMOUNT OF $____________.
CHRIS WILHITE
ASSESSOR-RECORDER-COUNTY CLERK
SAN BERNARDINO COUNTY
BY: __________________________________
DEPUTY RECORDER
SHEET 1 OF 1 SHEET
THIS MAP CORRECTLY SHOWS THE LOT OR PARCEL OF
LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY
FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES
AND DIMENSIONS OF LOTS OR PARCELS REFER TO THE SAN
BERNADINO COUNTY ASSESSOR'S MAPS FOR FISCAL YEAR 2023-2024.
PROPOSED BOUNDARY MAP
IMPROVEMENT
AREA No. 11
71 83
EUCLID
EL PRADO
BICKMORE
CHINO-CORONA
SULTANA
M
OUNTAIN
KIMBALL GROVE
M
ILL CREEK
SAN ANTONIO BON VIEW
PINE
EUCLID
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE
PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT
NO. 2003-3, IMPROVEMENT AREA No. 11 OF THE CITY OF CHINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF CHINO AT
A REGULAR MEETING THEREOF, HELD ON THE ____ DAY OF
_____________,20___, BY IT'S RESOLUTION
NO._________________.
_____________________________________________
CITY CLERK, CITY OF CHINO
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF
CHINO THIS ___ DAY OF ______________, 20___.
BY: _______________________________
CITY CLERK, CITY OF CHINO
COMMUNITY FACILITIES DISTRICT NO. 2003-3
IMPROVEMENT AREA No. 11
CITY OF CHINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
VICINITY MAP
NOT TO SCALE
0 300 600
Feet
M:\GIS-Assessment\Chino\CFD_2003-3_IA_11_Boundary.mxd
CHINO-CORONARD
EAST PRESERVE LP
LEGEND
PROPOSED IMPROVEMENT AREA BOUNDARY
LOT BOUNDARY
PARCEL BOUNDARY
ASSESSOR'S PARCEL NUMBER (APN)XXXX-XXX-XX-XXXX
ASSESSOR PARCEL NUMBERS
1057-181-29-0000 (PORTION)
1057-181-30-0000 (PORTION)
1057-181-36-0000 (PORTION)
FOR DETAILS CONCERNING THE LINES AND
DIMENSIONS OF THE TRACT/LOT(S) INCLUDED
WITHIN THE BOUNDARIES OF THE PROPOSED
COMMUNITY FACILITIES DISTRICT, REFER TO
THE COUNTY RECORDER'S TRACT MAP FILED
UNDER DOCUMENT NUMBER 2024-0035635,
THE 15TH DAY OF FEBRUARY 2024 AT
2:49 P.M. IN BOOK NUMBER 367 OF TRACT
MAPS AT PAGE 41-45.
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MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Amendment to Agreement – CrossPoint Church.
..end
RECOMMENDATION
1) Approve the Third Amendment to the Contract between CrossPoint Christian Reformed Church of Chino and the City of Chino to extend the term for an additional year; and 2) authorize the City Manager to execute all documents associated with the agreement on behalf of the City.
..body
FISCAL IMPACT
There is no direc t fiscal impact from the approval of the amendment; however, savings will be realized when rental costs are not incurred by the City to utilize CrossPoint Church's facilities.
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:
Superior Customer Service
Responsible Long-Range Planning
Public Service Excellence through Internal and External Partnerships
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. 117
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: AMENDMENT TO AGREEMENT - CROSSPOINT CHURCH.
PAGE: 2
BACKGROUND
CrossPoint Church (“CrossPoint”) is located at 6950 Edison Avenue and has property configured in a manner so it has street frontage on the west side of Euclid Avenue (approximately 600 -feet north of Edison Avenue). In April 2010, the City approved an agreement with CrossPoint to allow temporarily truck trailer storage on the property fronting Euclid Avenue to provide rental income until the economy improved and the property could be marketed for its intended land use (multifamily residential) or for an exp ansion of the church campus. The original agreement term ended on December 31, 2014 and was extended under the City Manager’s authority until December 31, 2017. On December 11, 2017, the City Council approved a new agreement to be recorded against the pro perty to better document the temporary truck trailer parking authorization. The 2017 agreement was then extended on October 15, 2019 by a first amendment, and September 7, 2021 by a second amendment, with an additional year extension approved under the au thority of the City Manager per the terms of the second amendment, which brought the current expiration date to December 31, 2023. In exchange for continuing to allow temporary truck trailer storage on the site, CrossPoint previously agreed to allow the C ity to use their facilities (i.e., Fellowship Hall or an equivalent space, athletic courts or fields, classrooms, tables and/or chairs as needed, and necessary storage all generally depicted in Exhibit B to the Third Amendment) for City programming and other events at no cost to the City. The City is currently using the church facility annually for the City of Chino-Summer Camp. The church is now requesting an additional one-year extension to continue to allow the temporary truck storage use at the locati on to raise additional funds with the intention to construct a two story school building on the church campus (request letter attached to this report as Attachment B).
ISSUES/ANALYSIS
CrossPoint continues to plan for the future expansion of its facilit ies and athletic ministry program. In their request to extend the temporary truck parking on their site, the church mentioned they are in the initial stage of adding an educational building to provide ministry for the growing number of children who are par t of their ministry. The church believes the income received from the lease of the land is necessary to help fund the new building. As such, the church is requesting an extension to the existing agreement with the City. The attached amendment allows the church to continue to use the Euclid Avenue portion of their property for truck storage until December 31, 2024. CrossPoint has informed the City that they are in the process of selling the storage site to help fund the educational building.
It is important to note that all provisions from the previous agreement shall continue to apply, including CrossPoint’s obligation to allow the City to utilize the previously mentioned facilities for City programming at no cost to the City. The amendment also authorizes t he City to terminate the agreement should CrossPoint sell the site or any portion of the site. In addition, t he amendment also prohibits any significant expansion of the size or intensity of the temporary truck parking use.
The City Attorney has reviewed and approved the amendment. Therefore, it is recommended that the City Council approve the Third Amendment to the agreement between the City of Chino and CrossPoint and direct the City Clerk file the executed Third Amendment with the San Bernardino Recorder’s Office.
Attachment: Attachment A - Third Amendment to Agreement with CrossPoint Church Attachment B - CrossPoint Extension Request (dated October 31, 2023) 118
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: AMENDMENT TO AGREEMENT - CROSSPOINT CHURCH.
PAGE: 3
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1 01225.0005/717628.3
APN. 1053-221-04 & 05 SPACE ABOVE THIS LINE FOR RECORDER’S OFFICE USE EXEMPT FROM RECORDING FEES PER GOV. CODE
§27383
THIRD AMENDMENT TO COVENANT AND EQUITABLE SERVITUDE
AGREEMENT REGARDING LIMITED USE OF PROPERTY
THIS THIRD AMENDMENT TO COVENANT AND EQUITABLE SERVITUDE AGREEMENT REGARDING LIMITED USE OF PROPERTY (“ Third Amendment”) is entered into as of March 19, 2024, by and between the CITY OF CHINO, a general law municipal corporation (“City”), and CROSSPOINT CHRISTIAN REFORMED CHURCH OF CHINO, a California corporation (“Owner”). City and Owner may sometimes be jointly referred to herein as the “Parties” or individually as a “Party.”
RECITALS
A. Owner owns that certain real property commonly known as 13916 and 13948 Euclid Avenue in the City of Chino, County of San Bernardino, State of California, more particularly described in Exhibit A a ttached hereto and incorporated herein by reference. (“Property”).
B. The Property is currently zoned “RD14 – Residential” which prohibits storage and parking of trucks or other vehicles, and the storage of cargo containers and trailers (collectively, “Parking and Storage”).
C. On April 20, 2010, Owner and City entered into an Agreement (“2010 Agreement”) authorizing Owner to continue the Parking and Storage on the Property on a temporary basis to resolve Owner’s argument that it has maintained the Parking and Storage on at least part of the Property since it was annexed to the City in 1984. The 2010 Agreement expired December 31, 2014 and subsequently administratively extended for a total of three additional years under the City Manager’s authority.
D. To more clearly document the temporary Parking and Storage authorization, Owner and City replaced the 2010 Agreement with that certain Covenant and Equitable Servitude Agreement Regarding Limited Use of Property, dated December 11, 2017, and recorded on December 12, 2017 as Document No. 2017- 0546816 in the Official Records of San Bernardino County (“Agreement”), to authorize such Parking and Storage use for a limited period after which such use shall automatically and permanently cease.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Clerk
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E. On October 15, 2019, the Parties entered into a First Amendment to extend the term for an additional two years to terminate on December 31, 2021, and confirmed the City’s use of Owner’s facilities for specified City functions at no cost to City. The First Amendment was recorded on November 12, 2019, as Document No. 2019- 0411894 in the Official Records of San Bernardino County.
F. On September 7, 2021, the Parties entered into a Second Amendment to extend the term for an additional year, with the City Manager’s authority and subsequent approval of an additional year, to terminate on December 31, 2023, and confirmed the City’s use of Owner’s facilities for specified City functions, at no cost to City. The Second Amendment was recorded on February 7, 2022, as Document No. 2022-0049035 in the Official Records of San Bernardino County.
G. The parties now wish to amend the Agreement by this Third Amendment to extend the term, retroactive to January 1, 2024, to terminate on December 31, 2024.
NOW, THEREFORE, the Parties agree and covenant as follows:
1. Recitals. The above Recitals are true and correct and are incorporated herein by this reference.
2. Use Termination Date. The Agreement, at Section 3, entitled “Permitted Use” shall be amended in its entirety to read as follows:
“Section 3. Permitted Use. Owner may continue to use the Property until December 31, 2024 (“Use Termination Date”) for the following non-conforming uses subject to the specified limitations (“Non-Conforming Uses”):
(a) The Property may be used for the storage of PODS storage containers or other similar storage containers (“Pods”).
(b) Trucks used for the purpose of transporting Pods may enter onto the Property solely for the purpose of delivering and removing Pods.
(c) Parking on the Property, including overnight truck and trailer parking, within the area originally designated per the Agreement, which use Owner shall not significantly expand in size or intensity as it existed upon approval of the 2010 Agreement. Overnight parking is defined as parking from midnight to 6:00 a.m.
All Non -Conforming Uses shall automatically terminate as of the Use Termination Date, or in the event Owner sells or otherwise transfers the Property or portion thereof.”
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3. Uses of Owner Facilities . The City, at no cost, may continue to utilize the Owner’s facilities described in Section 3.5 of the Agreement, as amended by the First Amendment, for public programs or city gatherings until the Use Termination Date. Owner facilities that may be utilized by the City include Fellowship Hall (or an equivalent space), athletic courts or fields, classrooms, tables and chairs as needed, and any necessary storage. City shall indemnify, defend, protect and hold Owner and its officers, agents, and employees harmless from and against any and all claims, causes of action, liabilities, costs and expenses, losses or damages arising from City’s use of Owner facilities; provided, however, that the foregoing indemnity and defense obligations do not extend to those claims, causes of action, liabilities, costs, losses or damages arising out of the sole negligence or willful misconduct of Owner, its officers, agents, and/or employees.
4. Supplemental Exhibits. The Agreement shall be supplemented by attached Exhibit B depicting the location of the Classroom.
5. Continuing Effect of Agreement . Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by the First Amendme nt, Second Amendment, and this Third Amendment.
6. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment.
7. Authority. The persons executing this Third Amendment on behalf of Owner warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Third Amendment on behalf of Owner, (iii) by so executing this Third Amendment, Owner is formally bound to the provisions of this Third Amendment, and (iv) that entering into this Third Amendment does not violate any provision of any other Amendment to which Owner is bound.
[Signatures appear on next page]
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IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the date first written above.
OWNER:
CROSSPOINT CHRISTIAN
REFORMED CHURCH OF CHINO,
a California corporation*
By:
Its:
(Typed Name)
By:
Its:
(Typed Name)
Address for Notice:
6950 Edison Avenue
Chino, CA 91710
*Two corporate officer signatures required, with
one signature required from each of the following
groups: 1) Chairman of the Board, President or any
Vice President; and
2) Secretary, any Assistant Secretary, Chief
Financial Officer or any Assistant Treasurer.
CROSSPOINT’S SIGNATURES SHALL BE
DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS,
ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO
CROSSPOINT’S BUSINESS ENTITY.
CITY:
CITY OF CHINO,
a municipal corporation
By:
Eunice M. Ulloa, Mayor
Dated:
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
Fred Galante, City Attorney
Address for Notice:
City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Manager
123
01225.0005/717628.3
State of California )
) ss.
County of San Bernardino )
On , 2024 before me, , a 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
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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01225.0005/717628.3
State of California )
) ss.
County of San Bernardino )
On , 2024 before me, , a 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
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.
125
01225.0005/717628.3
EXHIBIT A
PROPERTY DESCRIPTION
That certain real property in the City of Chino, County of San Bernardino, State of California legally described as follows:
PARCEL A:
PARCEL 1, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 22 AND 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 23, SAID CORNER ALSO LYING ON THE
EASTERLY LINE OF FERN AVENUE, AS SHOWN ON SAID MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, 33.00 FEET WIDE; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 150.00 FEET TO THE TRUE PONIT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 0° 03’ 37” EAST 510.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 22 SOUTH 89 ° 57’ 44” EAST 948.38 FEET TO A POINT LYING ON A PARALLEL LINE DISTANT 100.00 FEET WESTERLY, AS MEASURED
AT RIGHT ANGLES TO THE CENTERLINE OF EUCLID AVENUE, AS SHOWN ON A QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0° 18’ 14” WEST 510.55 FEET TO A POINT LYING ON A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 23 AND DISTANT 150.00 FEET NORTHERLY THEREFROM; THENCE, ALONG SAID PARALLEL LINE, NORTH 89 ° 58’ 06” WEST 946.21 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EASTERLY 246.00 FEET THEREOF.
PARCEL B:
PARCEL 2, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 246.00 FEET OF THAT PORTION OF LOTS 22 AND 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BENARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 23, SAID CORNER ALSO LYING ON THE
EASTERLY LINE OF FERN AVENUE, AS SHOWN ON SAID MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, 33.00 FEET WIDE; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 150.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 510.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 22 SOUTH 89° 57’ 44” EAST 948.38 FEET TO A POINT LYING ON A PARALLEL LINE DISTANT 100.00 FEET WESTERLY, AS MEASURED
AT RIGHT ANGLES TO THE CENTERLINE OF EUCLID AVENUE, AS SHOWN ON A QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0° 18’ 14” WEST POINT LYING ON A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE AND DISTANT 150.00 FEET NORTHERLY THEREFORM; THENCE, ALONG SAID PARALLEL LINE, NORTH 89° 58’ 06” WEST 946.21 POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 255.29 FEET THEREOF.
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PARCEL C:
PARCEL 3, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 255.29 FEET OF THE EASTELRY 246.00 FEET OF THAT PORTION OF LOTS 22 AND 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO
MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAN BERNARDINO COUNYT, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 23, SAID CORNER ALSO LYING ON THE
EASTERLY LINE OF FERN AVENUE, AS SHOWN ON SAID MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, 33.00 FEET WIDE; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 0° 03’ 37” EAST 150.00 FEET TO THE TRUE PONIT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTGERLY LINE, NORTH 0° 03’ 37” EAST 510.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 22; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 22 SOUTH 89° 57’ 44” EAST 948.38 FEET TO A POINT LYING ON A PARALLEL LINE DISTANT 100.00 FEET WESTERLY, AS MEASURED
AT RIGHT ANGLES TO THE CENTERLINE OF EUCLID AVENUE, AS SHOWN ON A QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0° 18’ 14” WEST 510.55 FEET TO A POINT LYING ON A LINE WHICH IS PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 23 AND DISTANT 150.00 FEET NORTHERLY THEREFORM; THENCE, ALONG SAID PARALLEL LINE, NORTH 89° 58’ 0 6” WEST 946.21 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL D:
PARCEL 4, AS SHOWN ON EXHIBIT “C” ATTACHED TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT RECORDED DECEMBER 3, 2003 AS INSTRUMENT NO. 2003-0897927 OF OFFICIAL
RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOTS 32 AND 33, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.
EXCEPTING THEREFROM THE EAST 346.00 FEET OF SAID LOTS 32 AND 33, AS MEASURED FROM THE CENTERLINE OF EUCLID AVENUE, AS SAID EUCLID AVENUE WAS ESTABLISHED 100.00 FEET WIDE BY
RSOLUTION OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, RECORDED SEPTEMBER 6, 1893 IN BOOK “H”, PAGES 174 AND 175 OF SUPERVISOR’S MINUTES.
TOGETHER WITH THE SOUTHERLY 150.00 FEET OF LOT 23, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PARCEL OF THE RANCHO SANTA ANA DEL CHINO, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 15 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY.
EXCEPTING THEREFROM THE INTEREST CONVEYED TO THE STATE OF CALIFORNIA BY QUITCLAIM DEED RECORDED JUNE 15, 1978 IN BOOK 9454, PAGE 1253 OF SAID OFFICIAL RECORDS.
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EXHIBIT B
Depiction of Location of Classroom Building
128
129
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
2023 General Plan and Housing Element Annual Report.
..end
RECOMMENDATION
Receive and file the 2023 General Plan and Housing Element Annual Reports which will subsequently be filed with the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
..body
FISCAL IMPACT
There is no financial impact to the General Fund. These annual reports are filed with the Governor’s Office of Planning and Research and the California Department of Housing and Community Development, and no further action is 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:
Responsible Long-Range Planning
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. 130
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: 2023 GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT.
PAGE: 2
BACKGROUND
In July 2010, the City Council adopted Envision Chino 2025, a comprehensive update to the City’s General Plan. Section 65400 of the Government Code requires the Planning Commission to review and forward to the City Council an annual report describing the C ity’s progress in implementing its General Plan and Housing Element. Once reviewed by the City, the report is required to be sent electronically to the Governor’s Office of Planning and Research (OPR), as well as the California Department of Housing and Community Development (HCD).
The City’s General Plan includes an introduction and Vision Chapter as well as 12 separate elements. The 12 elements cover the seven topics required by State Government Code Section 65302, including a Housing Element that is requ ired to be updated every eight years. The Housing Element update was completed by the City in January 2022 and covers the 2021 -2029 reporting period. While HCD has not yet officially certified the 2021 -2029 Housing Element, HCD is still requiring the City to provide annual housing progress reports. The 2021 -2029 Housing Element includes specific components such as an analysis of the existing housing stock, an analysis of existing and projected housing needs, and a quantification of the number of housing un its that will be developed, preserved, and improved through its policies and actions.
The General Plan and Housing Element Annual Progress Report has been completed and is attached for review by the City Council in accordance with State guidelines. The Gen eral Plan and Housing Element progress report ensures responsible long -range planning through the annual review of policies, strategies, and actions identified in each document.
ISSUES/ANALYSIS
Staff reviewed the General Plan goals, policies, and actions , as identified in the Implementation Program (Exhibit “A” to the General Plan Annual Progress Report). The Implementation Program incorporates a narrative of the goals and action statements from the General Plan that have been completed or were in the pro cess of being completed in 2023. During the 2023 calendar year, the City continued to implement many General Plan goals and policies through ongoing City programs, private development, and capital improvement projects.
The City also continues to implement the 2021-2029 Housing Element measures in an effort to add to the region’s supply of affordable housing through the multiple housing programs offered by the City. Exhibit “B” to the General Plan Annual Progress Report includes several tables that summarize the progress made in 2023 towards meeting the goals and objectives of the City’s 2021-2029 Housing Element.
The Planning Commission reviewed the 2023 General Plan and Housing Element Annual Progress Report at the March 20, 2024, Planning Commission meetin g, and recommended the City Council receive and file the reports.
Attachment: 2023 General Plan and Housing Element Annual Progress Report
131
GENERAL PLAN ANNUAL PROGRESS REPORT
2023
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
April 2024
132
April 2024
CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
EXHIBIT A
2023 GENERAL PLAN IMPLEMENTATION PROGRAM TABLE
133
CITY OF CHINO
GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
HC-1.1 A1 Develop programs to foster collaboration between local health officials and City staff and elected officials.
The Healthy Chino Coalition program, in place since 2004, continues to meet quarterly with over 20 active Coalition members including local health officials, physicians, nurses, educators, business owners, and City staff. The City actively participates in the quarterly CVUSD Health and Wellness Meetings, IEHP Community Partner Network Meetings, San Antonio Regional Hospital Health Equity, Diversity, and Inclusion (HEDI), and Community Advisory Committee (CAC) meetings.
Healthy Chino continues to participate at the monthly Focus on Youth collaborative meetings.
These meetings foster new partnerships and create opportunities to expand new and existing programming. Healthy Chino staff attends the City of Chino quarterly Safety Committee Meetings.
The Healthy Chino Program continues to offer employee wellness challenges and healthy snack options. This is done by collaborating with different agencies and companies to help promote healthy living. Partnerships include Kaiser Permanente, San Bernardino Health Department, IEHP, Chino Valley Medical Center, Nutrishop, Planet Fitness, San Antonio Regional Hospital, Auraganic Jucery, San Bernardino County Master Gardeners, and SoCal Healthy Vending. The SoCal Healthy Vending company is a local Chino business.
HC-1.1 A2 Develop a list of best practices related to promoting healthy communities. Ideas on best practices are gained through the on-going attendance by Healthy Chino staff at the various health and wellness collaborative meetings and conferences. Programs that are currently in place that promote healthy practices are the Hike the Valley Program, established in 2013, where participants are guided through local trails (hikes average 2-5 miles in length and range from easy to advance levels). At the Chino Community Garden participants plant fruits/vegetables and learn gardening, nutrition, and sustainability through the garden's educational workshops. Educational programs include demonstration gardens, cooking classes, and children’s story time programs. The Community Garden will continue to offer its popular garden workshops, Children's Discovery workshops, and composting program. Bark Around Ayala Park continues to bring in over 400 participants, their dogs, and 30 local vendors for a fun and active morning. Healthy Chino contributes to and promotes the Chino Valley YMCA 5K Reindeer Romp, Run for Russ 5K, and the Chino Youth Museum 5K DairyAire each year. The City and Chino Valley YMCA partner on Healthy Family Day and hosted a fun, free annual community event on April 1, 2023 at Ruben S.
Ayala Park with over 750 participants who got to enjoy fitness demonstrations, kids' activities, inflatable obstacle course and activities, smoothie bike, healthy food, health/nutrition/fitness vendors, and water/environmental vendors. Healthy Chino partnered with the Inland Empire Utilities Agency (IEUA) and the Public Works Department to host two Earth Day events on April 19 and 20, 2023, at the Chino Creek Wetlands & Educational Park. Over 3,500 people attended the event over the two days. The Healthy Chino program collaborates with the Chino Police Department to host the annual Bike Day event each year. This event hosts a 13-mile community bike ride and a 5-mile family bike ride. The Police Department hands out free bike helmets as well as conduct a safety obstacle course. Healthy Chino recruits a local bike shop, Bike Fix, as an event sponsor, and Bike Fix hosts a booth at the event offering free bike repairs to event attendees.
Healthy Chino Element
Goal HC-1 Foster Chino resident's health.
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HC-1.2 A1 Develop a program to disseminate information about healthful eating habits. There are a number of methods that are used in the Healthy Chino Program to distribute information about healthy eating habits. These include: Healthy Family Day, with over 750 participants and 40 vendors; Grilling Classes offered to the community to help promote healthy eating habits; and partnering with CVUSD in recognizing National Nutrition Month. Healthy Chino also disseminates monthly emails on health tips to over 800 community members, City employees, Health Council members, Focus on Youth members, and CVUSD employees. Staff continues to visit local businesses to provide materials to educate and promote health and wellness to their employees, as well as continues to promote healthy snack and breakfast options in all City after school and before school programs. Healthy Chino offers the Healthy Kids Challenge at the High Five and SOAR Afterschool programs. This incorporates healthy eating and fitness weekly challenges for six weeks. The Healthy Chino Program has also begun to use Social Media to distribute Healthy Tips and program announcements. The Healthy Chino program works with the local WIC office to help distribute healthy food options and other important food nutritional facts.
HC-1.2 A2 Model best practices related to promoting healthy eating habits at government offices and government-organized events by serving only healthy snacks and refreshments.
The City hosts programs for employees to promote healthy eating habits including Healthy and Wellness Workshops, the Stairwell Art Program, and "Snack Attack" to promote healthy snack alternatives. The 6-week weight loss/fitness program, "Healthier You Challenge" continues to be offered twice a year (winter/spring) to the employees to help start off the year encouraging health and wellness. Healthy Chino also encourages employees to offer healthy snacks and refreshments during meetings and trainings. Healthy Chino offers healthy snacks and water to participants at all of its programs including Children's Discovery Workshops, Hike the Valley, and bike events to name a few. The Healthy Chino program worked with City Administration office to provide a healthy snack to the students who attended student government day. There are eight new Healthy Vending Machines available to employees and residents. They have been replaced to offer new healthy options to everyone who visits City facilities.
HC-1.2 A3 Promote government and school purchase of locally-produced and/or organic food. Healthy Chino has supported the Chino Community Garden, and the school gardens at Anna Borba, Cortez, Dickson, Newman, and Walnut Elementary Schools to encourage the community and students to grow their own food and to promote eating healthy. Healthy Chino staff provide tools and resources to these gardens as well as offers programming support throughout the year.
HC-1.2 A4 Work with vendors at the farmer’s market to develop programs under which vendors can accept food stamps and other public benefits.
The City does not currently have a City-sponsored farmers market. No work has begun on identifying or prioritizing starting a farmers market or agriculture drop-off sites (CSA Farm Share).
Previously, the City offered a farmers market at City Hall and then at The Preserve Community Center but was deemed unsustainable due to low sales.
LU-3.1 A1 Study the use of graduated-density zoning, which encourages parcel assembly by allowing higher densities for larger sites, or other policy-based mechanisms to encourage the development of projects on more than one parcel that are consistent with the Future Growth Vision Plan.
The concept of graduated-density zoning was studied during the 2010 General Plan Update. At that time, it was determined that it would not be incorporated into specific General Plan policies or Zoning Ordinance provisions, and would be evaluated again in future updates.
LU-3.1 A2 Work with the Southern California Association of Governments (SCAG) when it prepares its Sustainable Communities Strategy (SCS) to ensure that sites from the Future Growth Vision Plan are included in the SCS.
The Regional Transportation Plan (RTP) and Sustainable Community Strategy (SCS) was approved by SCAG in 2020. The RTP/SCS did not include the future growth areas because the land uses for these sites have not changed.
LU-3.1 A3 Consider revising the Future Growth Vision Plan if SCAG’s ultimate SCS map is not consistent with it.
On January 4, 2022, the City adopted the 6th Cycle (2021-2029) Housing Element to be in compliance with SCAG’s Regional Housing Needs Assessment (RHNA) allocation. Many areas within the Future Growth Vision Plan have been identified as potential sites to meet the RHNA allocation. These sites would allow for higher densities up to 30 dwelling units to the acre or have the potential for mixed-use development.
Land Use Element
Goal LU-3 Revitalize older commercial and industrial areas in the center of Chino. 135
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LU-3.2 A1 Provide expedited review of projects on the four corners of Walnut and Central Avenues that meet both the land use regulations and the design guidance provided for these properties and for mixed-use properties in general.
There has not been any development activity at this intersection during this reporting period.
LU-3.3 A1 Work with landowners along Riverside Drive to consolidate parcels so they can create large enough spaces for new development of either mixed-use or multi-family residential buildings.
On some portions of Riverside Drive where the parcels are very shallow due to dedications for the street right-of-way, this will need to include consolidation with parcels that do not currently front upon Riverside Drive. In this case, the landowners will need to enter into an agreement to share profits according to the original size of each parcel before right-of-way has been dedicated.
There has not been any development activity in this area during this reporting period. In the future, if interest in development of properties in this area is received, the City will explore opportunities to coordinate with other landowners along Riverside Drive to encourage consolidation of parcels.
LU-3.4 A1 Existing uses south of the Civic Center are permitted to continue, but are encouraged to upgrade their facilities to provide better pedestrian amenities on sidewalks and open areas.
The City will continue to work with land owners to ensure pedestrian facilities are upgraded with any future development in this area. However, there has not been any mixed use or residential development activity in this area.
LU-3.4 A2 Work with residential, commercial, and industrial landowners to consolidate parcels so they can create large enough spaces for development of live-work lofts on the block bounded by Central Avenue, F, 5th, and G streets.
In the future, if there is interest for development in this area, the City will explore opportunities to coordinate with other landowners to encourage consolidation of parcels.
LU-4.1 A1 Work with San Bernardino County to revise the County’s General Plan to reflect the land use designations shown in the City’s Land Use Map.
Upon adoption of the City's General Plan 2010, City staff transmitted updated land use information to the County. The County has since updated portions of their General Plan to reflect the land use designations shown in the City's Land Use Map. The City will coordinate with the County of any future approved land use changes to keep the map updated.
LU-5.2 A1 Develop a program to provide incentives for projects that support smart growth goals and reduce greenhouse gases, such as mixed-use, infill, and transit-oriented development projects.
On November 17, 2020, the City Council approved an update to the City's Climate Action (CAP) Plan in an effort to reduce greenhouse gas emissions by 46% lower than the 2008 baseline by the year 2030. A list of mandatory and voluntary greenhouse gas emission reduction measures are listed within the CAP that an applicant will be required to implement into their project, thus resulting in a reduction of greenhouse gases. In addition, on January 4, 2022, the City adopted the 2021- 2029 Housing Element, that identifies potential housing sites for high densities and mixed-use developments.
LU-8.1 A2 Identify and prioritize neighborhoods underserved by healthy food sources for development of healthy food sources.
There are existing programs in place that serve low-income neighborhoods in the City, such as the Summer Lunch Program held in Monte Vista Park offered in July and August for children and youth 18 years or younger.
LU-8.1 A4 Identify appropriate locations for farmers markets and community-supported agriculture drop- off sites and prioritize such uses in these areas.
The City does not currently have a City-sponsored farmers market. No work has begun on identifying or prioritizing starting a farmers market or agriculture drop-off sites (CSA Farm Share).
Previously, the City offered a farmers market at City Hall and then at The Preserve Community Center but was deemed unsustainable due to low sales. Healthy Chino staff experimented with a CSA farm share program in 2015 but was also canceled due to declined sales.
CC-2.3 A1 Develop a list of key entryways to Chino and establish a program to provide entry features for each of them. Entryways shall incorporate landscaping, trees, and/or architectural elements to enhance a sense of arrival to the City.
There are currently enhanced entryway landscape and signage treatments along Central Avenue at the Pomona 60 Freeway and in the southerly part of the City. A design has been approved for the 60 Freeway and Central interchanger that includes City identifying features such as the City seal.
Work began on the interchange in the summer of 2021 and will be completed by Spring of 2024.
The City will continue to consider other entries as deemed appropriate on a yearly basis.
Goal CC-2 Preserve and enhance areas that create community identity and support Chino's small town character.
Community Character Element
Goal LU-4 Provide a clear transition for properties within the Sphere of Influence (SOI).
Goal LU-5 Reduce Chino's greenhouse gas emissions.
Goal LU-8 Ensure convenient access to healthy foods for all residents. 136
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TRA-1.2 A1 Conduct a signal timing study for all intersections with Level of Service (LOS) E and F.
Coordinate and implement study recommendations with adjacent jurisdictions as well as California Department of Transportation (Caltrans), if applicable.
Signal timing studies are done on an on-going basis for intersections that are congested, and modifications are made by the City as deemed appropriate and feasible. Coordination is continuely coordinated with adjacent jurisdictions, SBCTA and Caltrans if needed. In addition, Mountain Avenue, Edison Avenue and Central Avenue have current traffic signal coordination timing and additional corridors are to be included as signal interconnect projects complete communications to them.
TRA-1.3 A1 Establish criteria for which developments will be allowed to construct private streets. The Specific Plans for College Park and The Preserve master-planned communities identify where private streets can be utilized, and include design standards for private streets. As new development proposals are reviewed in these Specific Plan areas, the benefits and/or impacts of designating proposed streets as private are evaluated. On February 2019, the City Council adopted Ordinance No. 2019-002, amending Section 19.06.040 of the Chino Municipal Code to clarify that any single-family residential developments having private streets approved before January 1, 2019, where the private streets otherwise meet the criteria of the Subdivision Map Ordinance, shall be deemed valid and duly authorized, but that no further private streets shall be authorized within single-family residential developments thereafter. When development proposals are reviewed for areas outside of these Specific Plan areas where infill development might occur, the street types will be reviewed on a case-by-case basis to determine the benefits and/or impacts of designating them as private.
TRA-1.3 A4 Identify possible funding sources for traffic calming treatments, including grants to investigate the feasibility of establishing a residential assessment district to allow residents to participate in funding construction of traffic calming treatments in their neighborhood.
Opportunities to apply for grant funding for traffic calming improvements or grants for the establishment of a residential assessment district are regularly monitored, and where appropriate, grant applications are applied for. In FY 20/21, the City received a $72,000 grant to create a Local Road Safety Plan from the State for the State Highway Improvement Plan , which will be used to guide future local road safety improvement grant applications. The LRSP was completed in October 2022. Staff is reviewing future Active Transportation Program grants and Highway Safety Improvement Program grants for potential project funding.
TRA-3.1 A1 Develop a truck loading policy for new development that ensures new truck-dependent businesses limit their impact on neighborhoods and business districts.
The Chino Zoning Ordinance has existing provisions for industrial businesses that are located adjacent to non-industrial uses that require appropriate buffering techniques, such as increased setbacks, screening and dense landscaping to be provided in order to mitigate any negative effects of industrial operations such as truck loading. In addition, as industrial development applications are reviewed, the locations of loading areas are evaluated to mitigate any potential impacts to adjacent uses.
TRA-6.2 A2 Study individual accident locations, especially “hot spots” with multiple accidents, and identify necessary upgrades to reduce the incidence of accidents.
Accident reports are regularly reviewed on an ongoing basis to develop a list of intersections with a high volume of incidents. "Hot spot" locations and prioritization of locations are included in the Local Roadway Safety Plan completed in 2022. As funding becomes available, projects are added to the 5-Year Capital Improvement Program. Traffic calming measures are also incorporated into CIP projects when practical.
Housing Element - Refer to Housing Element Annual Report Goal TRA-1 A roadway system that meets the needs of Chino's residents and visitors, provides safe, convenient, and efficient travel in, around, and through the City, and preserves and/or enhances the City's distinctive qualities.
Transportation Element
Goal TRA-6 Improve the convenience, intuitiveness, and safety of Chino's street network.
Goal TRA-3 Freight transportation that provides efficient service to businesses and industry while limiting impacts to residents and visitors. 137
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TRA-6.3 A1 Develop an Americans with Disabilities Act (ADA) Transition Plan which identifies locations and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.
Beginning in 2016, the City began evaluating its buildings, parks, and services for accessibility. In 2021 and 2022, sidewalks and curb ramps began to be inventoried as a baseline for the public rights-of-way. In 2023, the City completed a full, Citywide self-evaluation and ADA transition plan consisting of City-owned buildings and parks, public right-of-way facilities, and City policies and procedures. The final transition plan addresses identified barriers with a timeline and projected funding sources for the completion of improvements. The ADA Transition Plan was adopted by City Council in February 2024. Annually, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City. These funding streams will address specific accessibility barriers for people will disabilities that are identified in the transition plan.
TRA-10.2 A1 Prepare a Bicycle Master Plan for the City of Chino that establishes where and how the City’s bicycle network will be expanded, including standards to guide review of roadway enhancements or other changes to the roadway system. This plan should be consistent with requirements for allocation of State Bicycle Transportation Account funds and federal funding for bicycle improvements that cannot be allocated without an approved Bicycle Master Plan.
The plan should also include criteria for funding prioritization of improvements.
In January 2016, the City adopted the Bicycle and Pedestrian Master Plan. The Plan provides a guide to improve bicycling and walking activity throughout the City by the implementation of various improvements to roadways that include the addition and/or modification of such features as street trees, sidewalks, benches, planter boxes, and Americans with Disability Act (ADA) access. Since the Plan’s adoption, the City was awarded $127,648 in 2015 and $440,081 in 2017 for the TDA Bicycle and Pedestrian Grant and TDA Transit Improvement Grant. The City has completed the TDA Bicycle Improvements. Additionally, as the city continues annual pavement rehabilitation projects, each corridor is reviewed to determine if bike facilities can be added to the project. With the General Plan Update, the Bicycle Master Plan will be reviewed, updated and fully incorporated into the General Plan as part of the circulation element.
TRA-10.2 A2 Develop maps or signage indicating local and regional bicycle routes, including distances to key destinations, such as parks and schools.
All new construction projects affecting bike facilities include bike path and trail signage guiding bicyclists around the network of bike facilities. Further, multi-use trails in Ayala Park and within the SCE Easement include mile marker signage.
TRA-10.2 A3 Promote bicycle-related programs for the community. Healthy Chino staff continues to offer bicycle-related programs in the community. Healthy Chino staff has partnered with the Chino Police Department in planning and running these programs.
Chino Bike Day was held on May 13, 2023 at Ruben S. Ayala Park. Chino Bike Day provides a community bike ride (13 miles), a family bike ride (5 miles), bicycle safety workshop, helmet giveaway/fitting, bike obstacle course, free bike repairs, smoothie bike, and kids' activities.
TRA-11.1 A1 Develop a Pedestrian Master Plan that evaluates the pedestrian transportation system for discontinuities and prioritizes streetscape improvements such as street trees, sidewalks, benches, planter boxes, ADA access, trails, and other amenities in existing neighborhoods.
Key pedestrian corridors and potential funding sources to complete the Plan should be identified as part of the Plan.
TRA-11.1 A2 Develop a set of criteria for funding prioritization of planned pedestrian improvements, based on need/deficiency, anticipated demand, anticipated cost/benefit ratio, geographic equity, and funding opportunity.
TRA-11.1 A3 Develop maps or signage indicating local and regional pedestrian routes, including distances to key destinations, such as parks and schools.
In January 2016, the City adopted the Bicycle and Pedestrian Master Plan. The Plan provides a guide to improve bicycling and walking activity throughout the City by the implementation of various improvements to roadways that include the addition and/or modification of such features as street trees, sidewalks, benches, planter boxes, and Americans with Disability Act (ADA) access. Since the Plan’s adoption, the City was awarded $127,648 in 2015 and $440,081 in 2017 for the TDA Bicycle and Pedestrian Grant and TDA Transit Improvement Grant. The City has begun implementing projects with grant funding. Bicycle and pedestrian facilities were constructed in FY20/21. As part of the City's Pavement Management Program and the ADA Transition Plan, an inventory of missing sidewalk and pedestrian ramps will occur to identify missing locations and develope criteria for location prioritization. The PMP has been completed and the ADA Transition Plan has developed a draft currently open for public comment. The city also completed several pedestrian ramp locations in the downtown area.
Goal TRA-10 Foster bicycling as a convenient, healthy and environmentally-friendly travel choice in Chino.
Goal TRA-11 Enhance the convenience, intuitiveness, and safety of Chino's pedestrian network. 138
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TRA-11.1 A4 Develop an ADA Transition Plan specifying a timeline and funding commitments to provide access to public rights-of-way, including curb cuts and other improvements targeted toward persons with disabilities.
Beginning in 2016, the City began evaluating its buildings, parks, and services for accessibility. In 2021 and 2022, sidewalks and curb ramps began to be inventoried as a baseline for the public rights-of-way. In 2023, the City completed a full, Citywide self-evaluation and ADA transition plan consisting of City-owned buildings and parks, public right-of-way facilities, and City policies and procedures. The final transition plan addresses identified barriers with a timeline and projected funding sources for the completion of improvements. The ADA Transition Plan was adopted by City Council in February 2024. Annually, the City applies for Community Development Block Grant (CDBG) funding and Transportation Development Act (TDA) funding for sidewalk and ADA ramp improvements for locations throughout the City. These funding streams will address specific accessibility barriers for people will disabilities that are identified in the transition plan.
ED-1.2 A1 Maintain ongoing communication with manufacturing firms to make sure their operating needs are being met.
The Chino Office of Economic Development has reinstated it's business visit program and weekly visitis with companies throughout the City. In order to assist small and large firms, consulting is available and is provided in partnership with business assistance agencies, including SB County, Chaffey College, SCORE, IEWBC and Small Business Development Center, to address specific needs and general information. The Office of Economic Development, on an on-going basis, continues to build and nurture relationships with manufacturing firms throughout the City. Through one-on-one meetings as well as assistance during property improvements to help facilitate growth, the Development Services Department works diligently to assist them.
ED-1.2 A5 Identify vacant sites appropriate for industrial uses, provide a list of those sites to potential businesses seeking to locate in Chino, and consider advertising those sites to potential tenants.
The Chino Office of Economic Development provides lists of available sites, through the use of a number of online listing services including but not limited to CoStar, Loopnet and Property Shark.
The City goes to great lengths to identify and qualify prospective development opportunities.
Through online searches and the mining of our internal databases, the City reviews a comprehensive list of developable site opportunities for the continued and anticipated growth of our industrial market. In addition, the City shares the information with developers, site selectors, and brokers. The predominance of large industrial sites within Chino have been developed so the City now focuses on matchmaking of the remaining parcels and seeks out potential redevelopment sites, while actively anticipating the potential annexation of sites in the unincorporated portion of San Bernardino County.
ED-1.4 A1 Focus retail recruitment and business attraction efforts around existing concentrations like the North Central Avenue Area, the Spectrum, City Hall and The Preserve.
The City's retail recruitment and marketing efforts are focused on infill areas throughout the City.
Outreach efforts include, but are not limited to site searches to fill the vacancies within Chino and maintaining current retail market area demographic information, updated throughout the year, which is available to real estate professionals and retailers’ tenant representatives. Continued focus is given to areas in the City that lack tenancy and for planned development within The Preserve. Creating lifestyle experiences will be key to continued success. Recent opportunities include new ownership of Country Fair and Chino Town Square as well as entitlements in process for northwest Schaefer and Euclid land.
Economic Development Element
Goal ED-1 Strengthen Chino's economy in order to provide jobs and maintain a fiscally-positive General Fund. 139
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ED-1.4 A3 To attract retail that is currently lacking, such as grocery stores, work with brokers and existing stores to identify sites that could be appropriate for a specific store, and actions or investments that could be taken to attract them.
The City meets with real estate professionals, specific retailers’, tenant representatives and retail developers throughout the year in the City to attract specific retail uses to the City. In addition to general grocers, citizens of Chino have indicated the desire for specialty stores like meat markets, Asian markets, Hispanic markets as well as produce focused markets. Community members have also expressed the desire to see more sitdown restaurants, coffee options and new or unique concetpts that are not currently in our surrounding communities. With continued residential growth on the horizon, Chino works diligently to manage the needs of its constituents by working with retailers, site selectors and brokers to bring those services to the City in particular to those needs that are lacking in and around The Preserve.
ED-1.4 A4 Monitor vacancy rates and sales tax performance for retail areas in the City in comparison to regional and statewide averages. If vacancy rates and sales tax performance fall below average, work with property and business owners to either improve performance or determine an alternative use for the site.
The City maintains a database of available retail space vacancies and leasing contact information, along with quarterly retail sales tax data for the City, SB County, and the State. This data along with other retail and demographic data provides staff with pertinent information to provide to retail center leasing representatives, center managers and other retail real estate representatives to help identify methods to improve their performance or determine an alternative use for their space or site. Chino continues to surpass local, regional and state averages. With the lowest vacancy rate in the Inland Empire for Industrial, Chino continues to build and grow. In addition, commercial and retail rates are very competitive for western San Bernardino County while surpassing state and national averages. Sales tax is a continued driver for the City with the bulk of revenue derived through medical device manufacturng and auto sales. Traditional brick and mortar are complimented by online and ecommerce driven consumers.
ED-1.4 A5 Actively recruit retail stores by marketing available sites and devoting staff time to working with potential tenants.
Attracting retailers is ongoing through various marketing efforts. At local, regional and national events, we provide current demographic and vacant retail property information to verify the value of locating in Chino. Recruitment of retail opportunities is a daily event for the staff at Chino. In cooperation with advertising and retail trade shows, the City of Chino works diligently at courting the newest and biggest retailers in the world. In the last year Chino has garnered the interest of Chik-fil- A, Raising Caines, In-n-Out and many other marquee brands. Staff continues to find the perfect location for their restaurants. Our Development Services Division is in the process of updating our General Plan and improving opportunities for a variety of new and transitioning industries to have flexible location options in Chino.
ED-1.4 A7 Maintain ongoing communication with the property owner of the Spectrum Marketplace and Spectrum Town Center developments to foster the potential for a public-private response to various changes in the market and to the specific challenges that these changes might create for the Spectrum.
City staff maintains on-going communication throughout the year with the two centers' ownership, management and leasing representatives of the Spectrum Shopping Centers to discuss any issues affecting the two centers. The Spectrum Marketplace and Spectrum Town Center are key economic engines within the City and require constant attention. Regular communication is made with the ownership of these two properties to be informed of the status of their well-being and potential needs.
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ED-2.1 A2 Periodically study the skills and education levels of Chino residents and use the information as a guide for recruiting new firms to the City.
Demographic information including education levels, income and ethnicity are available upon request from the City of Chino. The information is provided on the City's website and can be downloaded for print. Information on the City is sourced from a number of different areas including EDD, BOE, HDL, ESRI, CoStar and others, with specific reports generated from Claritas. At this time our City is overly educated for our business types. Because of this many individuals have seek employment outside of the City. Research indicates that the City of Chino has nearly 300 higher education institutions within 50 miles, including vocational schools, trade and technical schools, community colleges, colleges/university's and post graduate institutions. This creates a quality workforce that enable Chino to attract quality businesses with well payed jobs.
ED-2.1 A3 Encourage local businesses to hire local residents. Strategies to do this could include developing a local job board to advertise vacancies to local residents and working with local educational institutions to provide job fairs.
Although the City continues to have a very low unemployment rate, staff works closely with the San Bernardino County Workforce Investment Board to ensure that there are new opportunities for job growth in the City. The City facilitates this by participation in job fairs, hosted by SB County, Chino Valley Chamber of Commerce and other Inland Empire cities. The City coordinates the recruitment and hiring services provided by San Bernardino County Workforce Investment Board, which provides its database of local and regional job seekers looking to work closer to their City of residence. Today's goal is to attract and retain higher paying technical and professional jobs. We desire for our citizens to not only live and play in Chino, but to work here too.
ED-2.1 A4 Study whether the City should give preference to local suppliers and firms when issuing requests for goods or services.
The City currently has a Local Business Preference ordinance. This ordinance affords a qualified business located within the City a five-percent reduction of an original submitted bid when comparing to next lowest bidder, thus allowing the local business to be considered as submitting the preferred, lowest bid.
GC Section
65400 (K)
Consult with the Native American tribes when a General Plan Amendment (GPA) is being proposed.
The City is complying with these requirements by: 1) Requesting Tribal Consultation List; 2) Mail letters to tribes on the consultation list inviting tribes to consult; and 3) Arrange date and time to consult
OSC-4.1 A1 Adopt a Construction and Demolition Ordinance requiring recycling of at least 50% of all construction and demolition waste.
The City adopted the Tier 1 voluntary measures of the California 2022 Green Building Code, which includes a requirement to increase the amount of construction and demolition waste to be recycled to 70%.
OSC-5.1 A1 Adopt a Climate Action Plan within 18 months of adoption of this General Plan that demonstrates how the City will achieve the needed reductions of greenhouse gas emissions.
The Climate Action Plan shall be developed in coordination with SANBAG and SCAQMD.
The City Council adopted its original Chino Climate Action Plan (CAP) on November 19, 2013. On November 17, 2020, the City has since updated the CAP (2020-2030) to meet new State regulations, most notably Senate Bill (SB) 32, which implements statewide targets to reduce greenhouse gas (GHG) emissions to 40% below the 1990 levels by 2030. The updated CAP utilizes reduction strategies that encourage energy efficiency, water conservation, alternative transportation, solid waste reduction and clean energy.
OSC-6.1 A1 Develop a program to prepare for extreme heat events, including outreach and notification focused on sensitive populations and the establishment of new and maintenance of existing cooling centers.
The City's updated Climate Action Plan (2020-2030) identifies actions to adapt to extreme heat events by providing the following: 1) Provide community cooling centers; 2) Provide public outreach, education, and engagement pertaining to the risks of extreme heat and preventive measures; and 3) Develop an extreme heat transportation management strategy. Currently, the Preserve Community Center, Neighborhood Activity Center, and Senior Center are all utilized as cooling centers. Information regarding cooling centers is published on the City's website and social media during the summer months.
Goal OSC-6 Prepare Chino for the expected impacts of global climate change.
Open Space and Conservation Element
Goal OSC-5 Reduce greenhouse gas emissions by 15 percent below 2005 levels by 2030.
Goal OSC-4 Minimize the consumption of energy and nonrenewable resources, and promote environmental sustainability.
Goal ED-2 Maintain a good jobs-housing balance and jobs-skills match. 141
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PR-1.2 A1 Enter into joint-use agreements by which Chino schools, particularly those in neighborhoods with a disproportionate lack of recreational facilities, help to provide civic functions such as parks and community meeting spaces.
A joint-use agreement was executed for The Preserve Community Center located in The Preserve Specific Plan, which is a joint-use facility between the City and Chino Valley School District and provides a gymnasium, fitness room and multi-purpose room. Other opportunities to implement this action will be evaluated on an on-going basis and will be considered for possible implementation on a yearly basis. The City completed a Parks & Facilities Master Plan evaluating programs, existing parks and facilities, and identifying areas within the City that lack in park and recreation facilities. The Master Plan is a living document, reviewed annually; with an update to be completed every five years. Based on the outcome from the Parks and Facilities Master Plan, the City is in the process of identifying vacant land in the north section of Chino to be purchased and developed into park land. The City continues pursuing grant funds to build a larger recreation center located at Monte Vista Park, and to expand the park site adding additional recreation amenities. The City received a grant through the State of California, Department of Parks and Recreation Office of Grants and Local Services to develop a park on the southeast corner of Central Avenue and Phillips Boulevard, now named Chino Rancho Park. This new 1.18 acre park will consist of an entry monument for the City and park, parking lot, restroom building, an all- inclusive playground, shade pavilion, two pickle ball courts, outdoor fitness equipment, open space, walking trail with benches, and drought tolerant landscaping. This new park will open in the Summer of 2024.
Goal PR-1 Maintain existing park and recreational areas and create new ones in and around the City.
Parks and Recreation Element
Public Facilities and Services Element
Goal PFS-2 Maintain a safe environment in Chino through law enforcement and crime prevention. 142
CITY OF CHINO
GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
The police department has continued to expand its use of its existing technology to include adding License Plate Readers, POD Cameras, FLOCK cameras and other stationary cameras throughout the city in an effort rapidly and efficiently identify offenders and crime trends.
The Chino Police Department opened its Real-Time Crime Center (RTCC) in 2019. The center consists of a robust video wall, an interface Smartboard, and two workstations staffed by Crime Analysts. The RTCC is the information hub for a multitude of technology that includes camera feeds from both public and private cameras, intersection cameras, Police Observation Devices, ALPR’s, and law enforcement databases. The mission of the RTCC is to provide officers with critical real-time information while responding to emergency calls to provide a safer environment for the officers and community. Additionally, immediately after a crime has been committed the RTCC is able to utilize available resources to investigate the crime and provide this information to the investigating officers. The RTCC has been very successful in preventing and combating crime in the Chino community.
Further, individual units (i.e. Traffic, Detectives, Community Relations, etc.) conduct routine strategy meetings to discuss crime/quality of life issues in the City and come up with a comprehensive approach to address them. Along with their focus on homelessness and outreach, the Quality-of-Life Team also coordinates efforts to reduce reoccurring issues that affect residents, business owners and visitors in the city. Beginning in early 2024, the team will add two dedicated social workers via the recently added positions of Homeless Coordinator and Assistant Homeless Coordinator.
Due to an increase in Organized Retail Theft, the Chino Police Department partnered with the California Highway Patrol’s Organized Retail Theft Taskforce and local retailers to combat these thefts in the city with several planned operations. The police department is thankful for the partnerships with local retailers who played an important role in the success of the operations.
The Community Relations Unit continues to hold Business Watch and Neighborhood Watch meetings to discuss safety tips and current crime trends. As part of the ongoing efforts to engage with our diverse community, two informational meetings were held at the police department for our Mandarin speaking community. The purpose of the meetings was to provide information regarding available police services, learn more about the members of the Chino Police Department, and education on safety and prevention tips. One important goal for the Mandarin Community Meeting is to show our residents that they need not be afraid of reporting crimes or asking for assistance from Chino police officers. The unit also provides free CPTED (Crime Prevention Through Environmental Design) inspections to local businesses and apartment complexes to assist in reducing crimes of opportunity by focusing on different intervention methods such as access control, natural surveillance, territorial reinforcement, and maintenance/operational practices.
Another way the Department is able to monitor crime rates from a public partnership perspective is through the use of crimemapping.com. This free online program allows members of the public to access information on crime reports based on date/time, location, and crime type. This also makes it very easy for personnel to view visual maps of information which can be shared with the public.
The resource is routinely utilized in conjunction with neighborhood watch meetings. Lastly, the Chino Police Department continues to utilize a mobile app that allows for online reporting, reporting traffic or quality of life concerns, submitting a tip, and much more. The app is free for download on both iOS and Android devices. The police department website was recently updated to allow for easier navigation and reporting. Through the website, users can receive information on numerous topics including obtaining a police report, vehicle impounds and tows, crime statistics, traffic and citation information, and community events.
Monitor Chino’s crime rates and categories to determine the most appropriate methods to target and reduce crime in the City.
PFS-2.3 A1
143
CITY OF CHINO
GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PFS-2.3 A2 Maintain volunteer opportunities for residents in order to provide additional opportunities for community engagement with the Police Department.
There are volunteer programs currently offered through the Chino Police Department. Some of these include: 1) A Community Police Academy for adults 2) Spanish Community Academy 3) Youth Community Police Academy for teens; 4) Junior Academy for kids ages 10-13 5) The Police Explorer program for teens; 6) The Mounted Posse; 7) The Police Chaplains; 8) Chino Cares; and 9) The Police Volunteer Internship Program.
Community Emergency Response Team (CERT) Basic Training is available to the community and consists of 20-hours of curriculum that teaches individuals how to help themselves, their families, and their neighbors during a disaster. CERT trains community members in basic disaster response skills such as team organization, disaster medical operations, fire safety, and light search and rescue. Upon completion of the CERT Basic Training, community members can affiliate with Chino PD as CERT volunteers. CERT volunteers will be a deployable resource to assist during a disaster and in non-disaster times be able to promote emergency preparedness in the community. In 2023, 48 people completed the Basic Training.
LISTOS is a grass-roots disaster preparedness program that can be tailored to meet the individual needs of Spanish-speaking communities. The program is delivered in a format that is both culturally and linguistically appropriate for the target population. LISTOS partners with community leaders, jurisdictions, non-profits, faith-based organizations, schools, and other community institutions. By partnering with these organizations, LISTOS provides disaster preparedness information to the Spanish-speaking community. Listos instructs the participants in the command structure of first responders ensuring communication between LISTOS graduates and firefighters and police in the event of an emergency. In 2023, 2 LISTOS courses were held.
The police department has continued to expand its use of its existing technology to include adding License Plate Readers, POD Cameras, FLOCK cameras and other stationary cameras throughout the city in an effort rapidly and efficiently identify offenders and crime trends.
The Chino Police Department opened its Real-Time Crime Center (RTCC) in 2019. The center consists of a robust video wall, an interface Smartboard, and two workstations staffed by Crime Analysts. The RTCC is the information hub for a multitude of technology that includes camera feeds from both public and private cameras, intersection cameras, Police Observation Devices, ALPR’s, and law enforcement databases. The mission of the RTCC is to provide officers with critical real-time information while responding to emergency calls to provide a safer environment for the officers and community. Additionally, immediately after a crime has been committed the RTCC is able to utilize available resources to investigate the crime and provide this information to the investigating officers. The RTCC has been very successful in preventing and combating crime in the Chino community.
Further, individual units (i.e. Traffic, Detectives, Community Relations, etc.) conduct routine strategy meetings to discuss crime/quality of life issues in the City and come up with a comprehensive approach to address them. Along with their focus on homelessness and outreach, the Quality-of-Life Team also coordinates efforts to reduce reoccurring issues that affect residents, business owners and visitors in the city. Beginning in early 2024, the team will add two dedicated social workers via the recently added positions of Homeless Coordinator and Assistant Homeless Coordinator.
Due to an increase in Organized Retail Theft, the Chino Police Department partnered with the California Highway Patrol’s Organized Retail Theft Taskforce and local retailers to combat these thefts in the city with several planned operations. The police department is thankful for the partnerships with local retailers who played an important role in the success of the operations.
The Community Relations Unit continues to hold Business Watch and Neighborhood Watch meetings to discuss safety tips and current crime trends. As part of the ongoing efforts to engage with our diverse community, two informational meetings were held at the police department for our Mandarin speaking community. The purpose of the meetings was to provide information regarding available police services, learn more about the members of the Chino Police Department, and education on safety and prevention tips. One important goal for the Mandarin Community Meeting is to show our residents that they need not be afraid of reporting crimes or asking for assistance from Chino police officers. The unit also provides free CPTED (Crime Prevention Through Environmental Design) inspections to local businesses and apartment complexes to assist in reducing crimes of opportunity by focusing on different intervention methods such as access control, natural surveillance, territorial reinforcement, and maintenance/operational practices.
Another way the Department is able to monitor crime rates from a public partnership perspective is through the use of crimemapping.com. This free online program allows members of the public to access information on crime reports based on date/time, location, and crime type. This also makes it very easy for personnel to view visual maps of information which can be shared with the public.
The resource is routinely utilized in conjunction with neighborhood watch meetings. Lastly, the Chino Police Department continues to utilize a mobile app that allows for online reporting, reporting traffic or quality of life concerns, submitting a tip, and much more. The app is free for download on both iOS and Android devices. The police department website was recently updated to allow for easier navigation and reporting. Through the website, users can receive information on numerous topics including obtaining a police report, vehicle impounds and tows, crime statistics, traffic and citation information, and community events.
Monitor Chino’s crime rates and categories to determine the most appropriate methods to target and reduce crime in the City.
PFS-2.3 A1
144
CITY OF CHINO
GENERAL PLAN IMPLEMENTATION PROGRAM
Action
Number
Action Status of Progress/Comments
PFS-2.3 A3 Seek grant funding for community policing, commercial vehicle enforcement, and other programs that will improve service levels within the City.
Opportunities for grant-funding for various programs are pursued on an on-going basis. Currently, the Chino Police Department utilizes grant funds to assist with crime prevention programs, alcohol prevention/education/enforcement (Alcohol and Beverage Control grant), and National Night Out, multiple state-funded DUI education/enforcement grants, and the Click it or Ticket (Seatbelt enforcement grant).
PFS-7.1 A1 Consider participation and/or support of proposed conjunctive use programs and Chino Basin storage and recovery programs that allow the distribution of water between jurisdictions during periods of excess supply. These programs would be administered through participation in the Chino Basin Watermaster and Water Facilities Authority.
Throughout the year, the City continues to be involved in discussions with MWD, IEUA, and other local water purveyors to implement additional conjunctive use programs.
PFS-7.1 A2 Evaluate the feasibility of establishing interconnections or water conveyance plans between the Chino water system and the water systems of the following neighboring water agencies:
• Monte Vista Water District
• City of Ontario (a connection currently exists at Benson Avenue) • City of Chino Hills
• Jurupa Community Services District
• San Antonio Water Company
• City of Upland
• City of Pomona
• The Inland Empire Utilities Agency
Discussions between the City and various local water agencies regarding water system interconnections are ongoing. A dedicated interconnection exists between Chino and Ontario.
Chino currently has the ability to receive water from Water Facilities Authority (WFA) member agencies (i.e. Monte Vista Water District, Upland, Ontario, and Chino Hills) through the WFA surface water treatment plant. Similarly, Chino has an ability to receive desalted groundwater not used by Chino Basin Desalter Authority member retail agencies, Jurupa Community Services District, Santa Ana River Water Company, Norco, Ontario, and Chino Hills.
PFS-7.5 A1 Work with the Inland Empire Utilities Agency to provide recycled water systems, including pipelines, pump stations, and storage facilities to serve primarily public facilities, schools, and parks as funding becomes available.
IEUA currently supplies recycled water to the City at several locations. The City meets with IEUA representatives on a regular basis to discuss recycled water plans and activities.
PFS-7.5 A2 Develop a plan to irrigate agricultural lands with recycled water, both inside and outside of the City's service area, where feasible.
Recycled water is currently used to irrigate agricultural lands in the City. The City maintains a plan that identifies the users already connected to a recycled water line as well as those potential users.
AQ-1.1 A1 Implement traffic features such as roundabouts or the use of integrated signalization to improve traffic flow and reduce emissions from vehicle idling and stop and start.
Roundabouts and integrated signalization have been implemented in the City on a limited basis.
Additional implementation of these features will be evaluated as opportunities arise, and considered in future development proposals.
AQ-1.1 A2 Install LED traffic signals throughout Chino to reduce the City’s electricity consumption. 100% of the traffic signals in the City are LED. There is currently a program in place whereby the lights are replaced every 5 years, and each year, the replacement is scheduled and budgeted for rotating sectors of the City.
SAF-2.1A 1 Annually review any new information available from the Federal Emergency Management Agency and the state Department of Water Resources to determine if updated flood zone information is available.
The City receives updates to flood zone maps from FEMA every year, and this information is reviewed to determine if there are any updates to the maps.
SAF-6.1 A1 Regularly update and implement the Emergency Operations Plan (EOP) and the Local Hazard Mitigation Plan (HMP).
The City's Emergency Operations Plan (EOP) was approved by the State in 2014. The City's first local Hazard Mitigation Plan (LHMP) was approved by FEMA in 2012. The LHMP is updated every 5 years. In 2016, the City prepared an update to the LHMP and was approved in 2018. The City has received notification that it has been awarded Hazard Mitigation Grant Program (HMGP) funds to update its LHMP. The LHMP update process will begin in 2024. The City will continue to review both plans regularly and make updates as needed.
Goal SAF-6 Reduce the risk to the community from natural and man-made disasters and terrorism events.
Goal AQ-1 Preserve and improve air quality in Chino and the region.
Safety Element
Goal SAF-2 Reduce hazards related to flooding and inundation.
Air Quality Element
Goal PFS-7 Ensure an adequate supply of water for all types of users. 145
April 2024
CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
ATTACHMENT 1 TO EXHIBIT A
146
April 2024
CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
AMENDMENTS TO THE GENERAL PLAN IN 2023
One application was approved by the City Council in 2023 that is further described below:
PL22-0076 (General Plan Amendment) - A proposed amendment to the City’s General Plan Land Use Element, Land Use Map and Zoning Map to identify the locations of the Affordable Housing and Mixed Use Overlay Dis- tricts sites to be consistent with the City ’s 2021-2029 Housing Element. The application was approved by the City Council on April 4, 2023.
147
April 2024
CITY OF CHINO GENERAL PLAN ANNUAL PROGRESS REPORT
EXHIBIT B
2023 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF
THE CITY OF CHINO 2021-2029 HOUSING ELEMENT
148
Jurisdiction Chino ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - 2 - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - 19 - - - - - - - Above Moderate 2,378 247 138 547 207 - - - - - - 1,139 1,239 6,978
247 138 568 207 - - - - - - 1,160 5,818 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
1,057 - - - - - - - - - - 1,057 Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
1,184
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
19 Moderate
2,113
1,284
1,203
Please contact HCD if your data is different than the material supplied here 2 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
2,113
1,282
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1). 149
Jurisdiction Chino
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E. Status of Program Implementation 1A: Ownership
Rehabilitation Programs
Pursue existing and new funding
opportunities to maintain the Home
Improvement Deferred Loan Program
and the Mobile Home Improvement
Grant Program.
Program provided
annually and evaluated
each year, provided
CalHome and other
outside funding remains
available.
Applied for and was awarded $600,000 in CalHome funding to expand the Mobile Home Improvement Program. Utilizing other funding streams including City affordable housing funds and CDBG, ten (10) homes were rehabilitated in 2023 including seven very-low income and three low-income households. Three of these units were mobile homes.
1B: Code Compliance
Respond to and address code
compliance issues. Maintain a record of
compliance issues and consider
additional programs if necessary to
address particular issues.
Address code compliance
issues as they are
identified.
Continued collaboration of efforts between Code and Housing division staff allows for a proactive approach to addressing compliance. In 2023, 10 homes were rehabilitated. Although there were no direct Code referrals completed in 2023, several with compliance issues were identified. Housing division staff will be working closely with Code staff and the homeowners to complete necessary repairs in 2024.
1C: Condominium
Conversion
Monitor condominium conversions and
modify the ordinance if necessary.
Continue program with
annual reviews and
ordinance updates if
determined necessary.
There were no condominium conversions proposed in 2023. The City will ensure compliance with the condominium conversion ordinance and continue to monitor the rate of condominium conversions to determine if modifications to the ordinance are needed.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 150
1D: Preservation of At-
Risk Housing
Monitor deed-restricted units and
coordinate with property owners and
qualified entities as necessary to
maintain affordability of units. Provide
assistance, as needed and available,
with funding or support funding
applications.
Annual review of existing
affordable housing stock
and begin proactive
coordination with
owners/operators of
affordable units at least
two years prior to deed-
restriction ending.
A comprehensive review and monitoring of affordable housing units takes place in the fall of each year. Housing Division staff completed this review in November of 2023 and all affordable housing units were found to be in compliance. Currently, there are no deed restricted units close to expiration, but staff will continue to monitor and communicate with owners as needed. 2A: Affordable Housing
Opportunities
Annually monitor and seek funding,
provide letters of support for funding
applications, and annual outreach to
affordable housing developers and local
organizations.
Provided annually and
evaluated once per year to
determine funding
availability.
Although no viable collaborations were formed in 2023, several federal, state and local opportunities were reviewed, considered and applied for including PLHA funds. Unfortunately due to the pending status of our Housing Element, eligibility for PLHA and other state funding was impacted. On a local level, an application to our local congressional office for earmark funds for transitional housing was submitted, however the project was not selected for funding. The City intends to apply again in 2024/25 when we are closer to construction. 2B: Homebuyer Assistance
Program
Annually monitor and seek funding,
collaborate with the County of San
Bernardino to promote the homebuyer
assistance program.
Program provided
annually and evaluated
once per year, CalHome
funding remains available.
Continued research and efforts to seek funding opportunities for future home buyer assistance programs. No new funding opportunities were identified in 2023 for home buyer assistance, however CalHome grant funds were awarded for mobile home rehabilitation programs which results in expanded preservation of current affordable housing stock within the City.
2C: Housing Choice
Vouchers
Annually monitor the allocation of
Section 8 vouchers and promote the
program.
Section 8 vouchers are
distributed through the
County of SB. The City
reviews status.
Continued promotion and referrals to the County of SB for voucher assistance.
This information is available on our City website and referrals are made through housing division staff and case management assistance for low-income residents. In 2023, there were 319 vouchers issued by the County as housing assistance for low-income residents.
2D: Supportive Services
for Persons with Special
Needs
Annually monitor and seek CDBG
funding to address local needs and
augment the regional continuum of care
system in San Bernardino County.
Evaluate use of CDBG
Public Service dollars
once per year.
Continued efforts for resources and collaboration with agencies to provide assistance with special needs through public service agencies funded by CDBG.
In 2023, seven local agency programs were funded to provide services including food assistance, domestic violence services, case management/counseling, senior services and emergency shelter. In addition, City funds provided $60,000 in emergency assistance for rental, utilities and hotel vouchers to aid in the prevention of homelessness.
151
2E: Persons with Physical
and Developmental
Disabilities
Accommodate Reasonable
Accommodation requests as required by
State Law and offer assistance to
applicants.
Respond to and address
Reasonable
Accommodation requests
within 120 days of receipt.
City ADA Coordinator and Building staff collaborate to meet requests within the time frame. No accommodation requests were received in 2023. 2F: Development of
Environmental Justice
Policies
Amend the General Plan to include
environmental justice policies. Completed by April 2025. In process of updating the City's General Plan to include an Environmental Justice Element with policies. Expected to be completed early 2025. 2G: Farmworker Housing Amend the zoning code to comply with State Law for farmworker housing. Completed May 2023. Zoning code has been amended to comply with State Law for farmworker housing.
2H: Transitional and
Supportive Housing
• Renew and revise the zoning code to
comply with State Law for transitional
and supportive housing.
• Review and revise the zoning code to
permit transitional and supportive
housing as a residential use not subject
to special requirements.
• Review and revise the zoning code to
permit permanent supportive housing
without discretionary actions in multi-
family and non-residential zones.
• Monitor the inventory of sites to
accommodate transitional and
supportive housing.
Completed by April 2025.
In process of updating the City's General Plan to include an update to the transitional and supportive housing standards outlined in the zoning code in compliance with SB2. Expected to be completed early 2025. 2I: Lot Consolidation
Promote lot consolidation information
through educational outreach to
developers and property owners.
Completed by April 2025.
Continued efforts to support lot consolidations to encourage larger areas for residential development. Will develop and provide lot consolidation information by phone, over the counter, and on the City's website.
2J: Constraints on
Housing for Persons with
Disabilities
• Amend the zoning code to comply with
State law for reasonable
accommodation procedures.
• Promote reasonable accommodation
information.
• Review and revise the zoning code to
promote objectivity and approval
certainty for group homes.
Completed by April 2025.
In the process of updating the City's General Plan to include an update to the reasonable accommodations procedures outlined in the zoning code. Expected to be completed early 2025. Will develop and provide reasonable accommodations information by phone, over the counter, and on the City's website.
152
2K: Community Outreach
Hold at least one (1) community housing
workshop or meeting annually to
discuss housing topics and solicit input
on community needs from participants.
A minimum of one meeting
held annually.
Planning for an update to the Consolidated Plan and Impediments of Fair Housing reports in which multiple workshops and meetings will be held in 2024 and 2025 to address the needs of the community. Input received will be incorporated in both of the plan updates.
2L: Manufactured Homes
Amend the Zoning Code relative to
manufactured homes to comply with the
relevant requirements of California
Government Code section 65852.3.
Completed by April 2025.
In process of updating the City's General Plan to include an update to the manufactured homes standards outlined in the zoning code in compliance with State law. Expected to be completed by the end of 2024. 2M: Parking for
Emergency Shelters
Amend the Zoning Code relative to
emergency shelter parking requirements
to comply with the relevant
requirements of California Government
Code section 65583, subdivision (a)(4).
Completed by April 2025.
In process of updating the City's General Plan to include an update to the emergency shelter parking requirements outlined in the zoning code in compliance with State law. Expected to be completed by early 2025. 3A: Adequate Sites
• Maintain an inventory of vacant and
underutilized sites and promote them to
interested developers.
• Annually complete the Annual
Progress Reports and monitor progress
to meet RHNA.
Make inventory available
by July 2023 and update
once per year.
The City maintains a list of vacant and underutilized sites that is available on the City's website by both map and a matrix of sites. This list will continue to be monitored and updated on an annual basis.
153
3B: Establish an
Affordable Housing
Overlay
• Develop and adopt an affordable
housing overlay to be applied to the
approximately 90.6 acres to meet a
shortfall of 2,233 dwelling units at the
very low- and low-income levels as sites
identified within this Housing Element.
• Develop applicable development
standards as part of the affordable
housing overlay which promote the
development of residential uses at the
maximum density and affordability
levels identified within this Housing
Element. This may include concessions
or streamlined processes for projects
which include fully affordable
developments consistent with the
assumptions in the housing element by
July 2023. The overlays will include
incentives for projects that proposed a
development project at a range of at
least 9% to 13% affordable units when
developed at a range of 26 to 30
dwelling units per acre, including
streamlined processing and fee
deferrals.
• Identify staff resources to provide
technical assistance and outreach
relating to development opportunities
on the candidate housing sites.
• Proactively outreach to developers at
least one time per year regarding
Completed May 2023
The Affordable Housing Overlay (AHO) was adopted April 18, 2023, modifying the City's General Plan, zoning code, and various specific plans to establish an affordable housing overlay to implement the requirements of the 2021-2029 Housing Element.
154
3C: Establish a Mixed-Use
Overlay
• Develop and adopt a mixed-use overlay
to be applied to approximately 138.5
acres to meet a shortfall of 2,547
dwelling units at the very low- and low-
income levels the sites as identified
within this Housing Element.
• Develop applicable development
standards as part of the mixed-use
overlay which promote the development
of residential uses at the maximum
density and affordability levels identified
within
this Housing Element. This may include
concessions or streamlined processes
for projects which include fully
affordable developments consistent with
the assumptions in the housing element
by July 2023. This may include
concessions. The overlays will include
incentives for projects that proposed a
development project at a range of at
least 9% to 13% affordable units when
developed at a range of 26 to 30
dwelling units per acre, including
streamlined processing and fee
deferrals for projects which include
fully affordable developments
consistent with the assumptions in the
housing element.
• Identify staff resources to provide
technical assistance and outreach
Completed May 2023
The Mixed Use Overlay (MUO) was adopted April 18, 2023, modifying the City's General Plan, zoning code, and various specific plans to establish a mixed use overlay to implement the requirements of the 2021-2029 Housing Element. 155
3D: Promote the
Development of Accessory
Dwelling Units (ADUs)
• Developing three pre-approved ADU
designs.
• Waiving specific permitting fees to
make ADU development more feasible.
• Creating an expedited plan check
review process to ease the process for
homeowners.
• Research potential State and regional
funding sources for affordable ADUs
and make information available to the
community.
• Train staff on ADU permitting and
make staff available to address
questions regarding ADUs and provide
technical assistance and outreach to the
community.
Finish evaluation of
potential actions listed in
the program by April 2025.
Annually explore outside
funding sources
Developed three pre-approved ADU plans of various sizes that meet the current building code requirements. Continued effort to educate employees and review City procedures to promote the development of ADUs. Will continue to research funding sources in 2024.
3E: ADU and JADU
Monitoring Program
• Create an ADU monitoring program
and bi-annually review ADU
development progress.
• Identify additional capaCity to
accommodate a shortfall of units within
180 days as required by No Net Loss
law.
Evaluate ADU production
through the ADU
Monitoring program twice
per year.
Currently tracking ADU and JADU production through permit tracking software and will continue to monitor the number of units developed bi-annually. 3F: Candidate Sites Used
in Previous Housing
Elements
Apply and implement overlays to
candidate sites also identified in the
previous Housing Element to allow
residential use by right in which at least
20 percent of the units are affordable to
lower
income households.
Complete by April 2025.
In process of updating the City's General Plan to include an update to allow residential uses by right as required by State law. Expected to be completed early 2025. Until such time, the City will abide by State Law. 3G: Water and Sewer
Resources
Submit the adopted Housing Element to
local water and sewer providers and
establish procedures to grant priority
water and sewer service to eligible
projects in compliance with State law.
Complete by July 2023.
Will provide 2021-2029 Housing Element to water and sewer providers once certified by HCD. Expected to occur once the City formally approves the AHO and MUO overlay sites and development standards.
156
3H: Replacement Housing
Adopt and implement a replacement
housing program for units lost in
compliance with State law.
Complete by April 2025.
In process of updating the City's General Plan to include an update to the replacement housing program outlined in the zoning code in compliance with State law. Expected to be completed by early 2025.
3I: Measure M
• Hold a Measure M vote relating to the
candidate housing sites identified within
this housing element.
• By 2026, initiate a ballot measure, or
other alternative option, to provide City
Council greater discretion in approving
affordable housing and mixed
use/housing options in appropriate
locations, including identifying and
rezoning additional sites to meet the
housing needs identified within the
Housing Element or other unique
development opportunities.
Completed June 2022 Measure Y related to the candidate AHO and MUO sites identified in the 2021- 2029 Housing Element was completed in June 2022.
157
3J: Facilitate Development
on Excess State-Owned
Property
• Coordinate with the State of California
on the development of State-owned
properties and apply and implement the
Affordable Housing Overlay on this site.
Rezoning will establish the applicable
development standards and entitlement
processes. The site was included in the
Measure M vote which approved the
implementation of the overlays on this
site with the applicable density and
development characteristics. The City
has identified this site as 10 acres
anticipated to accommodate the
development of 250 units affordable at
the low or very-low income categories.
• Issue an RFQ and/or RFP for future
development of the CIM site within one
year of completion of the overlays added
and implemented on the property.
RFQ/RFP to anticipate development of
the site within three to four years
dependent on developer interest.
Incorporate affordability requirements
based on the State’s Affordable Housing
Executive Order. with a target of at least
250 units available at the lower income
categories.
• Identify potential funding sources
available to redevelop the property and
make staff available to discuss
entitlement processing procedures for
Complete by April 2025 or
as determined by State
availability.
Pending coordination with the State.
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3K: Housing Program
Monitoring
Annually complete the HCD Progress
Report and conduct a mid-cycle review
of sites strategies
Begin implementation
upon adoption of the
City’s 2021-2029 Housing
Element Update,
evaluate Annual Progress
Review annually, make any
necessary amendments
within by December 2024,
conduct a mid-cycle
review.
The City is current with all annual progress reporting and will conduct a mid- cycle review of strategies by the end of 2025.
3L: Residential Findings Review and revise approval findings needed for residential projects. Complete by April 2025 In process of updating the City's General Plan to include an update to the findings for residential projects outlined in the zoning code. Expected to be completed by early 2025.
3M: Facilitation of
Development of Large Site
• Outreach to the property owners one
time per year throughout the planning
period to discuss future development
opportunities and plans, including
incentives and other mechanisms to
encourage parceling (e.g., 1-5 acres)
appropriate to facilitate housing for
lower income households.
• Proactively market the site with
developers who contact the City looking
for development opportunities.
Outreach to property
owner one time per year.
The City has not hosted an annual outreach effort, however staff consistently engages with property owners and potential developers on potential developments located on the AFO and MUO sites. Staff will continue to engage and meet with parties interested in developing housing sites in 2024. 4A: Permit Processing
Evaluate and improve the one-stop
processing system and offer priority
processing of affordable and special
needs housing applications.
Complete evaluation one
time per year.
Continued effort to evaluate and improve one-stop processing system and offer priority processing of qualified applications. An evaluation of the development review process was completed in 2023 and improvements were implemented.
The City continues to look for ways to improve the online permit center and processing time for qualified applications which includes internal and external training.
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4B: Development Fees
Research CDBG and other funding
opportunities (at least two new per
year).
Complete research of two
new funding opportunities
per year.
Staff researched, analyzed and applied for multiple grant opportunities in 2023.
The outcome included two department awards 1) CalHome funding for the rehabilitation of mobile homes in the City to preserve existing affordable housing stock. 2) SolarApp grant funds from the California Energy Commission to maintain expedited processes for obtaining solar permits. Projects under both grant opportunities have commenced.
4C: Zoning Code
Amend the Zoning Code definition of
“family” to be consistent with State law
and address Single Room Occupancy
housing. Annually review the Zoning
Ordinance for additional amendments.
Complete by April 2025.
In process of updating the City's General Plan to include an update to the definition of "family" outlined in the zoning code to be consistent with State law.
Expected to be completed early 2025.
4D: Density Bonus
Ordinance
Modify the Density Bonus Ordinance to
comply with latest changes in State Law. Complete by April 2025.
In process of updating the City's General Plan to include an update to the density bonus provisions outlined in the zoning code. Expected to be completed by early 2025.
4E: SB 35 Streamlining Adopt written procedures to comply with SB 35.
Complete by April 2025. Establish written procedures for SB35 to comply with State law by 2025. 5A: Fair Housing Program
(Environmental Quality)
• Identify two local community
groups/organizations and outreach to
them directly to discuss local actions
towards reducing reliance on personal
vehicles. Annually conduct targeted
outreach City-wide to collect feedback
on environmental issues, potential
solutions, and access to alternative
transportation modes.
• On a project-by-project basis, or in
collaboration with developers, promote
mixed-use development opportunities
on candidate housing sites where
possible or the development of
residential units near resources and
essential commercial needs.
Complete by April 2026
Continued assessment efforts and collaboration to meet outreach goals. The City is in the process of updating the City's General Plan to address environmental justice. Staff participated in two events in 2023 to facilitate outreach for members of disadvantaged communities. Expected to be completed by early 2025.
160
5A: Fair Housing Program
(Access to Jobs and
Economic Opportunity)
• Through Program Action 2K, annually
conduct one community meeting and
identify potential issues and solutions to
increasing labor participation for
residents who identify as Black. Invite
at least one local community group with
experience engaging minority
populations in workforce involvement.
A minimum of one meeting
held annually.
Planning for an update to the Consolidated Plan and Impediments of Fair Housing reports in which multiple workshops and meetings will be held in 2024 and 2025 to address the needs of the community to be incorporated in the plan updates.
5A: Fair Housing Program
(Access to Quality
Education)
• Through Program Action 2K, annually
conduct one community meeting and
identify potential issues and solutions to
improving access to higher quality
education for residents who identify as
Hispanic or Latino. Invite at least one
local community group with experience
engaging minority populations in access
to educational opportunities.
A minimum of one meeting
held annually.
Planning for an update to the Consolidated Plan and Impediments of Fair Housing reports in which multiple workshops and meetings will be held in 2024 and 2025 to address the needs of the community to be incorporated in the plan updates.
5A: Fair Housing Program
(Access to Financing)
• Continue conducting targeted
investments and programs, and
consider establishing and promoting
sweat equity, down payment assistance
for eligible households, and new rental
construction.
Complete by April 2026
Continued assessment efforts and collaboration to work towards establishment of new programs. In 2023, Housing Division staff researched funding opportunities for down payment assistance programs to consider future assistance grants as we grow capacity through our Housing Division. Although we did not apply for grants for down payment assistance, we did obtain funds to provide rehabilitation to mobile home communities.
5A: Fair Housing Program
(Advertising)
• Create and maintain one information
flyer for landlords with links to
resources available for renters.
Complete by October 2024
Housing Division staff is in collaboration with partnering agency Inland Fair Housing to maintain current resource materials available on the City website including information for landlords and tenants as well as a comprehensive resource guide which includes affordable communities in the City. In addition, Housing Division staff responds to multiple daily inquires for resources as well as fair housing services which our partnering agency administers on behalf of the City.
161
5A: Fair Housing Program
(Racial and Ethnic
Segregation)
• Conduct affirmative marketing for
each new project that is developed with
affordable units.
• Conduct a biennial survey of
affordable units to identify how
households find affordable units – aim
for 25 percent of households, at
minimum, to find affordable units
through affirmative marketing within the
City limits.
Complete first survey by
December 2025 and every
other year afterwards
Continued assessment efforts and collaboration to work towards establishment of new projects. The City did not have any affordable units developed in 2023, however staff maintains a list of rental communities, including communities with affordable deed restricted units that is available on our website. Housing Division staff will implement a procedure during the monitoring process of deed restricted units to collect data regarding how tenants find affordable housing as well as demographic data to support affirmative marketing efforts within the City limits.
5A: Fair Housing Program
(Availability of Affordable
Housing)
• Partner with affordable housing
developers and nonprofits to assist in
the development of affordable housing
units. This may include annual
• Hold one annual meetings and invite
all property owners with deed restricted
affordable units to discuss available
incentives and programs, as well as
receive feedback from the development
community on potential constraints to
the development of affordable units. The
City will aim to assist with the
development of 10 lower income units
through outreach and partnerships
through the end of the Planning Period.
A minimum of one meeting
held annually.
Research and assessment of potential partners to develop agenda items and outreach plan. City Housing and Planning divisions are currently in communication with our partnering fair housing agency, Inland Fair Housing to coordinate a meeting with current and potential affordable housing stakeholders to discuss incentives and challenges to breakdown the barriers of developing affordable units.
162
5A: Fair Housing Program
(Fair Housing Enforcement
and Outreach)
• Partner with the Inland Fair Housing
and Mediation Board to provide one
workshop per year workshops and
outreach materials. The City is
considered a moderate to high
opportunity and resource area; however,
additional enforcement and outreach on
fair housing may improve opportunities
for households within the City, as well
as for households in the region, and
most importantly provide assistance to
residents that may require additional
resources and support.
A minimum of one meeting
held annually.
Continued assessment efforts and collaboration with partnering agency Inland Fair Housing to plan an outreach meeting and/or workshop by the end of 2024.
We currently provide direct links to the Inland Fair Housing website which includes updated fair housing materials for tenants as well as landlords. The City funds Inland Fair Housing to assist residents with fair housing concerns as well as tenant/landlord mediation services. These are continuing services we are committed to through our CDBG Annual Action and Consolidated Plan. 5A: Fair Housing Program
(Access to Opportunities
for Persons with
Disabilities)
• Create and maintain updated
informational materials on programs
and resources available for persons with
disabilities – particularly in census tract
4.04 which has the highest rate of
persons with disabilities.
Complete by April 2024
and update annually.
Revisions of current informational material is in process and ongoing as new resources become available. In 2023 as an element of our adopted ADA Transition Plan, several housing related recommendations were noted. These include that housing applications be provided in alternative formats such as large print, braille, audio, pictural, etc., to accommodate persons with varying disabilities. In addition, it was recommended we include more information regarding accommodations in printed resource materials. City staff is working on implementing these recommendations as a priority.
5A: Fair Housing Program
(Location and Type of
Affordability)
• In 2025, evaluate the effectiveness of
these strategies in promoting housing
opportunities throughout and into the
City and make adjustments within one
year to achieve the overall goals.
At least annually explore
and pursue strategies, as
appropriate
Continued assessment efforts and collaboration with developers to work towards establishment of new programs to promote citywide affordable housing strategies that can be evaluated for effectiveness by 2025. 5A: Fair Housing Program
(Public Investment in
Specific Neighborhoods)
• Annual review and CIP programming
to target investment. Prioritize inclusion
of target areas for CIP programs each
year.
• Identify at least one CIP priority
project on an Annual basis.
• Implement sidewalk rehabilitation
program
Annually review and seek
funding opportunities and
partnerships
Continued assessment efforts and collaboration to work towards establishment of new programs and enhanced utilization of CDBG funding to offset CIP project costs. Between 2022 and 2023, $760,000 of CDBG funding was utilized to complete alley and sidewalk improvements in low to moderate income areas.
Each year priority projects are identified for the usage of 65% of our total CDBG allocation. These projects include code enforcement, economic development projects, and home improvement.
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5A: Fair Housing Program
(Environmental and Health
Impacts)
• Include capital projects from each of
the target areas in annual CIP program.
Update annually.
• Identify at least one CIP priority
project on an annual basis.
Identify at least one CIP
priority project on an
annual basis.
Continued assessment efforts and department collaboration to establish priority projects. In 2023, sidewalk improvements were identified as priority. The housing division allocated over 750k in CDBG funds to these improvements in addition to other funding resources.
5B: Affirmative Marketing
Plan
Require an affirmative marketing plan as
a condition for approval of all new
subdivisions and require apartment
managers to provide evidence of
training in fair housing and
landlord/tenant laws as conditions for
the issuance of a business permit for
rental properties.
Update applicable
applications to show
affirmative marketing plan
requirement by April 2024.
Through our partnership with Inland Fair Housing, educational materials and training is currently available through our website to educate landlords. 5C: Low Barrier Navigation
Centers
Amend the Zoning Code to comply with
State Law for Low Barrier Navigation
Centers.
Complete by April 2025.
In process of updating the City's General Plan to include and update to the low barrier navigation center provisions outlined in the zoning code in compliance with State law. Expected to be completed by early 2025.
General Comments
164
Jurisdiction Chino
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
207
207
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 118 44
2 to 4 units per structure 0 29 0
5+ units per structure 0 22 0
Accessory Dwelling Unit 0 38 7
Mobile/Manufactured Home 0 0 0
Total 0 207 51
Infill Housing Developments and Infill Units Permitted # of Projects Units 1 1
206 206
2 63
1 0
0 0
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
165
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 0 0
Discretionary 2 223
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 49 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
166
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Adoption of Ordinance No. 2024-004.
..end
RECOMMENDATION
Approve the adoption of Ordinance No. 202 4-004 on second reading, approving the proposed amendments to Title 16 (Signs) and Title 20 (Zoning) of the Chino Municipal Code. ..body
FISCAL IMPACT
There is no fiscal impact.
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
Responsible Long-Range Planning
Revenue:
Expenditure:
Transfer In: Transfer Out:
167
CITY COUNCIL MEETING DATE: APRIL 2, 2024
TITLE: ADOPTION OF ORDINANCE NO. 2024-004.
PAGE: 2
BACKGROUND
This matter was introduced on first reading by the Council at their March 19, 2024 meeting. The ordinance amends portions of Title 16 (Signs) and Title 20 (Zoning) of the Chino Municipal Code. The proposed changes consist of modifications to Chapter 20.08 (Agricultural, Open Space, and Public Zoning Districts), and Chapter 20.24 (Glossary) to allow for Temporary Commercial Recreation facilities to be permitted in the General Agricultural (AG), a nd Open Space Natural (OS -2) zoning districts with the approval of a Special Conditional Use Permit (SCUP). An amendment to Title 16, Sign Code of the Chino Municipal Code is also proposed to exempt certain signs on City properties from sign regulations to allow for the installation of electronic vehicle (EV) charging stations that include digital displays for advertisement.
Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.
ISSUES/ANALYSIS
ORDINANCE NO. 2024-004:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE SIGN CODE (TITLE 16 OF THE MUNICIPAL CODE) AND ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL23-0119 (ZONE ORDINANCE AMENDMENT).
Attachment – Ordinance 2024-004
168
01225.0005/940916.1
ORDINANCE NO. 2024-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS
OF THE SIGN CODE (TITLE 16 OF THE MUNICIPAL CODE)
AND ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF
THE CITY OF CHINO . PL23-0119 (ZONE ORDINANCE
AMENDMENT)
The City Council of the City of Chino, California, does hereby ordain as follows:
Section 1. Section 16.01.040 (Applicability) is hereby a mended as follows (a dded text in red):
A. The sign code shall be effective throughout the city's planning jurisd iction. For the purposes of this title, the planning jurisdiction shall be defined as the area within the corporate boundaries of the city.
B. Notwithstanding any other provision of this title, the sign code does not apply to signs or displays located on property owned by the city that are not capable of being read from the public right-of-way or from an adjacent private property. Such signs and displays may be approved in the sole discretion of the city manager.
Section 2. Section 20.08.020 is hereby amended, modifying the Agricultural, Open Space, and Public Zoning District Purposes, to read as follows (added text in red):
A. General Agricultural (AG ). The purpose of this district is to provide areas for general agricultural uses. Permitted uses in the AG district include livestock ranges, crop cultivation, agriculture related residences and structures, parks and recreational areas and agricultural offices. Temporary commercial recreation facilities are also permitted with the approval of a Special Conditional Use Permit, excluding any property within the City that is subject to a specific plan.
B. Open Space Recreational (OS 1). The purpose of this district is to provide areas for a variety of types of public parks. Permitted uses and structures in the OS 1 district include active playing fields, parks, and recreation facilities, urban pa rks and plazas, bicycle and walking trails, fou ntains, landscaped areas and corridors, natura l open space and wildlife areas and water recharge and detention facilities.
C. Open Space Natural (OS 2). The purpose of this di strict is to provide areas for ope n space conservation and passive recreational uses. The OS 2 district is intended to feature minimal or no development and to serve as visual buffers , natural open and wi ldlife corridors and water recharge and detentions/retention areas. The OS 2 distric t may contain hiking and biking trails an d other landscaped areas. The OS 2 district is intended to preserve agricultural, cultural and historical re sources, protect natural plant and animal habitats and provide links wit h regional habitat corridors . Temporary commercial recreation facilities ar e also permitted with the approval of a Special Conditional Use Permit, excluding any property within the City that is subject to a specific plan. 169
Ordinance No. 2024-004