CHINO CITY COUNCIL
SUCCESSORAGENCYTO THE REDEVELOPMENTAGENCY
REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, APRIL 2, 2024
MINUTES
CLOSED SESSION - 4:45 PM
OPEN SESSION - 6:00 PM
CALL TO ORDER
The April 2, 2024, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:48 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.
ROLL CALL
PRESENT: Mayor Eunice M. Ulloa, Mayor Pro Tern 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- 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 The City Council recessed to Closed Session at 4:49 p.m. and concluded at 6:07 p.m. The City Council reconvened the meeting at 6: 15 p.m.
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APRIL 2, 2024 3
Business of the Month. Award of Business of the Month for April 2024 to Peach Body Studios.
Mayor Ulloa presented the April 2024 Business of the Month Award to Peach Body Studios owner Rosy Nava, and her staff, were present to accept the award.
Mayor's Home Beautification Award. Award of Mayor's Home Beautification Award for April 2024.
Mayor Ulloa announced the Mayor' s Home Beautification Award for April 2024 was awarded to the Chuan and Ling family of Rice Avenue in Chino, who were unable to attend the meeting to accept their award, but ensured staff will deliver their award to them.
REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:
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
The City Council received a brief update, provided direction, and no further reportable action was taken.
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 The City Council received a brief update, provided direction, and no further reportable action was taken.
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
The City Council considered the price and terms of potential acquisition, provided direction, and no further reportable action was taken.
AG ENDA ADDITIONS/ REVISIONS
City Manager Linda Reich announced Consent Item No. 14 will be pulled for separate discussion.
INFORMATION
External Agency Reports. Receive and File External Agency Reports for January 2024 and February 2024.
Mayor Ulloa announced the External Agency Report was included in the agenda packet.
CHINO CITY COUNCIL
APRIL 2, 2024
PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
4 Healthy Family Day is on Saturday, April 6 from 10:00 a.m. to 2:00 p.m. at Ayala Park. The day will include fitness demonstrations, engaging family contests, and children's activities. For more information visit www. cityofchino. org/ HFD.
The Corn Feed Run Car Show & Cruise is on Saturday, April 27, from 8:00 a.m. to 3:00 p.m. at City Hall. The event is hosted by the Chino Kiwanis Club. Visit www.ChinoKiwanis. com for more details.
FREE Residential Community Clean- Up Day will take place on Saturday, April 13, from 8:00 a.m. to 1 :00 p.m. at 13793 Redwood Street. For more information, call 1(800) 423-9986.
PUBLIC COMMENTS
Chaplian Henry Aguilar of Chino Valley Fire District, provided the invocation.
Melissa Compani, Representative for Fourth District County Supervisor Curt Hagman, announced updates and upcoming events hosted by Supervisor Hagman.
Brian Yonan, resident, spoke regarding smog emission reduction.
CONSENT CALENDAR
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.
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9. 10.
11. 12.
13. 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.
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.
Adoption of Ordinance No. 2024-004. Adopt Ordinance No. 2024-004 - Zone Ordinance Amendment PL23-0119 ( Second Reading).
Adoption of Ordinance No. 2024-006. Adopt Ordinance No. 2024- 006, approving the Chino Police Department' s "Military Equipment" Use Policy ( Second Reading).
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.
Item No. 14 was pulled from the Consent Calendar for separate action.
Motion by Council Member Burton, seconded by Mayor Pro Tern Comstock, to approve the Consent Calendar items 1-13 as presented; with item 14 pulled for separate action.
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.
NONE.
ITEMS PULLED FROM CONSENT CALENDAR
14. Construction CrediUReimbursement 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 crediUreimbursement 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.
Sylvia Ramos, Associate Engineer, provided a report on the item.
Mayor Ulloa inquired when the balance owed to the applicant will be paid and Ms. Ramos explained the payment date is uncertain since developers who build water infrastructure are entered into Development Impact Fee ( DIF) credit reimbursement agreements to meet their DIF obligations, noting there is not much balance owed to them as a result. Mayor Ulloa explained applicants at times do not receive cash reimbursement because their DIF credits may reduce their cash reimbursement to a zero balance.
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Motion by Council Member Burton, seconded by Council Member Lucio, to approve item
14. 23-048 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. The motion carried by the following vote:
AYES:
NOES:
ABSENT:
NEW BUSINESS
ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.
NONE.
15. Construction CrediUReimbursement 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 crediUreimbursement 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 crediUreimbursement 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.
Sylvia Ramos, Associate Engineer, provided a report on the item.
Council Member Burton requested staff to explain the channels referenced in the report and Ms. Ramos clarified the channels discussed represent the earth channels that connect the Kimball and Bickmore basins, are dirt channels versus concrete.
Motion by Mayor Pro Tern Comstock, seconded by Council Member Flores, to 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
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16. 17.
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. The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.
NONE.
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).
Natalie Gonzaga, City Clerk, provided a report on the item.
Motion by Mayor Pro Tern Comstock, seconded by Council Member Burton, to 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). The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.
NONE.
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.
Rob Burns, Director of Finance, provided a report on the item, noting the City will work with the CaliforniaDepartmentof Tax and Fee Administrationto implementthe one percent transaction and use tax, which will take effect July 2024.
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APRIL 2, 2024 8
Motion by Mayor Pro Tern Comstock, seconded by Council Member Lucio, to 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. The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.
NONE.
MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; Water Facilities Authority Board of Directors meeting; Salute to Public Safety event; Legislative Policy Committee meeting; Steve McQueen Car Show Rally held at Boys Republic; Omnitrans Board of Director' s meeting; City Manager meeting; State of the City filming; Chino Desalter Authority Finance Committee meeting; House of Ruth grand re-opening; City Manager meeting; and Closed Session.
Mayor Pro Tem Comstock
Mayor Pro Tern Comstock reported on the following meetings and events attended since the last meeting that included the Salute to Public Safety; Legislative Policy Committee meeting; Steve McQueen Car Show Rally benefiting the Boys Republic; Baker to Vegas event to support the Chino Police Department Team; Infrastructure/ Streets Committee meeting; and Closed Session.
Council Member Burton
Council Member Burton reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; Planning Commission meeting; Salute to Public Safety; Baker to Vegas event to support the Chino Police Department Team; City Manager meeting; and Closed Session.
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.
Motion by Council Member Burton, seconded by Mayor Pro Tern Comstock, to Approve community support fund contribution of $ 500 to Don Lugo Sports Booster. The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.
NONE.
Council Member Flores reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; Ball n Brunch at The Preserve; water meeting at City Hall; Salute to Public Safety; Community Services, Parks and Recreation Commission meeting; Boxing Board meeting; Easter Bunny Extravaganza; and Closed Session.
Council Member Lucio
Council Member Lucio reported on the following meetings and events attended since the last meeting that included the special meeting Tanaka Farms Tour; City Manager meeting; State of the City filming; meeting with Eren O'Leary; Infrastructure/ Streets Committee meeting; Red Cross blood donation at Cal Poly Red Cross location; and City Manager meeting.
City Manager' s Report
City Manager Reich had no report, but wished the Mayor a Happy Birthday.
City Attorney' s Report
City Attorney Fred Galante provided an update on Senate Bill 10, which was adopted in 2021, and the effects it will have on local agencies.
Police Chiefs Report
Chief Mensen congratulated the City of Chino Police Department Baker to Vegas Team, reported on the upcoming Special Olympics activities, announced the Tip a Cop fundraiser to support the Special Olympics is forthcoming and is hoping to promote the torch run to take place on Central Avenue.
Fire Chiefs Report
Fire Chief Dave Williams had no report.
ADJOURN
The meeting adjourned at 7:36 p.m. The next meeting of the City Council will be a Workshop held on Tuesday, April 9, 2024 at 6:00 p.m. in these Council Chambers. 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.
CHINO CITY COUNCIL
APRIL 2, 2024
APPROVED AND ADOPTED THIS 16TH DAY OF APRIL 2024.
ATTEST:
NATALIE GONZAGA, CITY CLERK
These minutes are not official until signed.)
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