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Chino City Council
September 17, 2024

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Minutes
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September 17, 2024
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Chino City Council
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CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, SEPTEMBER 17, 2024

MINUTES
OPEN SESSION - 6:00 PM

CALL TO ORDER

ROLL CALL
PRESENT:

ABSENT: NONE.

FLAG SALUTE

CEREMONIALS

AGENDA ADDITIONS/ REVISIONS

INFORMATION

CHINO CITY COUNCIL
SEPTEMBER 17, 2024 2
Economic Development Report for Third Quarter 2024. Receive and File the Quarterly Economic Development Report.

Mayor Ulloa announced the Economic Development Report was included in the agenda packet.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:

City of Chino free compost and mulch giveaway is September 21, 2024 from 8:00 am to 12:00 p.m. at 5050 Schaefer Avenue. For information call 909-334-3282.

Community Art Box program is open to residents who would like to participate. To get involved visit cityofchino. org/artbox.

Mayor Ulloa sadly announced the meeting will adjourn in honor and memory of former Mayor Dennis Yates who recently passed away. On behalf of the City Council and Chino Community, Mayor Ulloa extended condolences to the Yates family during this difficult time.

PUBLIC COMMENTS
Pastor Kaylyn Unterkofler, CrossPoint Church, provided the invocation.

Melissa Compani, Representative, San Bernardino County Fourth District Supervisor Curt Hagman's Office, announced upcoming events.

Mike Cargile, spoke regarding political signs in the City.

Mayor Ulloa called up Scout Troop Members and Ayala High School Students to provide introductions.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants 772099 to 772326, and Electronic Fund Transfers 519873E to 519943E, totaling $ 3,628,079.91.

2. Minutes. Regular Meeting Minutes for September 3, 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. Report on State and Federal Legislative Issues. Receive and file the Tracked State Legislation report dated August 27, 2024; the attached position letters on legislation; the High Priority Legislative Items Report, and the Washington Update.

5. City of Chino Record Retention Schedules Update. Adopt Resolution No. 2024- 046 approving newly revised Citywide Record Retention Schedules.

6. Microsoft Enterprise Agreement with Dell Marketing LP. Approve a three- year Microsoft Enterprise Agreement with Dell Marketing LP to provide the necessary Microsoft Software Licenses in an amount up to $ 429,076.08 per year for a total three- year cost not to exceed 1,287,228. 24.

7. First Amendment to City Manager' s Employment Agreement. Approve the First Amendment to the City Manager's Employment Agreement and adopt Resolution No. 2024-043 approving an amendment to the City's Classification and Compensation Schedule.

CHINO CITY COUNCIL
SEPTEMBER17, 2024 3

8. 9.

10. 11.

12. 2023-2024 Consolidated Annual Performance and Evaluation Report. Receive and file the Consolidated Annual Performance and Evaluation Report ( CAPER) for Community Development Block Grant ( CDBG) 2023-2024 Program Year.

Approval for Police Department Crime Prevention and Community Outreach Specialist and Human Resources Management Assistant Positions. Adopt Resolution No. 2024- 047, approving one ( 1) full-time Police Department Crime Prevention and Community Outreach Specialist and one ( 1) full-time Human Resources Management Assistant.

Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026 to 2029/2030.

Adopt Resolution No. 2024-045, approving Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026- 2029/2030.

Notice of Completion - Water Line Replacement Central Avenue - Chino Avenue to C Street Project ( WA221) and Water Line Replacement Dupont Avenue - Alton Street to Gates Street Project ( WA222). Accept Project WA221 and Project WA222 with Mamco, Inc. dba Alabassi, Perris, CA, Contract No. 2023- 175 as complete and authorize the Director of Public Works to file the Notice of Completion.

Settlement Agreement between the City of Chino and the Appropriative Pool. Approve ratification of the Settlement Agreement between the City of Chino and the Appropriative Pool, approve to pay the settlement amount of $ 67,701.53, and authorize the City Manager to execute the necessary documents on behalf of the City.

Motion by Mayor Pro Tern Comstock, seconded by Council Member Flores, to approve the Consent Calendar items 1-12 as presented. The motion carried by the following vote:

AYES:

NOES:

ABSENT:

ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.

NONE.

NEW BUSINESS

13. Support for Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.

Consider approval of Resolution 2024- 044 in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.

Staff Report By: Police Chief Kevin Mensen
RECOMMENDATION: Review the provided information and consider approval of the attached Resolution 2024- 044 in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act.

Chief Mensen provided a presentation on the item.

Mayor Ulloa asked how this proposition is different from other bills, and Chief Mensen noted the other bills are positive, but noted Proposition 36 will specifically address Proposition 47 revisions needed.

Mayor Pro Tern Comstock discussed Proposition 47 and expressed how important it is for voters to understand how Proposition 36 can help to keep community safe from repeat offenders.

All Council Members expressed support of Proposition 36.

CHINO CITY COUNCIL
SEPTEMBER 17, 2024 4
Motion by Council Member Flores, seconded by Mayor Pro Tern Comstock, to approve the attached Resolution 2024- 044 in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act. The motion carried by the following vote:

AYES:

NOES:

ABSENT:

ULLOA, COMSTOCK, BURTON, FLORES, AND LUCIO
NONE.

NONE.

14. Memorandum of Agreement ( MOA) with the United States Army Corps of Engineers ( USACE) to expedite and pay for the permits under USACE' s Section 408 program. ( Note: Section 214 of the Federal Water Resources Development Act of 2000 authorizes the Secretary of the Army, after public notice, to accept and expend funds contributed by a non-federal public entity to expedite the valuation of a Section 208 permit review request for a public purpose under the jurisdiction of the Department of the Army.) Approve MOA between the City of Chino and the United States Army Corps of Engineers ( USACE) to expedite the permits under USACE' s Section 408 program for City projects.

Staff Report By: Michele Hindersinn, Senior Engineer
RECOMMENDATION: 1) Appropriate $ 201,208 from the General Fund Reserves ( Fund 100) and increase project budget N7207, titled Development Impact Fees for a revised project budget of $ 376,208; 2) schedule a corresponding year- end transfer in the amount of $ 201,208 from The Preserve Circulation ( Streets, Signals, and Bridges) System Development Impact Fees ( Fund 260); 3) approve a Memorandum of Agreement ( MOA) between the City of Chino and the United States Army Corps of Engineers ( USAGE) to expedite the permits under USACE' s Section 408 program for City projects that modify, alter, or occupy existing USAGE-constructed flood protection projects; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

Michele Hindersinn, Senior Engineer, provided a presentation on the item.

Motion by Mayor Pro Tern Comstock, seconded by Council Member Lucio, to 1) Appropriate $ 201,208 from the General Fund Reserves ( Fund 100) and increase project budget N7207, titled Development Impact Fees for a revised project budget of $ 376,208; 2) schedule a corresponding year- end transfer in the amount of $ 201,208 from The Preserve Circulation ( Streets, Signals, and Bridges) System Development Impact Fees Fund 260); 3) approve a Memorandum of Agreement ( MOA) between the City of Chino and the United States Army Corps of Engineers ( USACE) to expedite the permits under USACE' s Section 408 program for City projects that modify, alter, or occupy existing USAGE- constructed flood protection projects; and 4) authorize the City Manager to execute all 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.

CHINO CITY COUNCIL
SEPTEMBER 17, 2024 5

15. Approval of Additional Appropriation of $ 705, 400and a Construction Change Order No. 2 with Hardy & Harper, Inc. for the Street Rehabilitation FY2023- 24 Project ( ST241 ). Appropriate 705,400 to the Transportation Fund (320), with a corresponding year-end transfer in the same amount from General Fund (100) reserves; and approve Change Order No. 2 for $ 923,990.64 for a new contract amount of $4,229,441.64.

Staff Report By: Albert Espinoza, Deputy Public Works Director/ City Engineer RECOMMENDATION: 1) Appropriate $ 705,400 to the Transportation Fund ( 320), with a corresponding year- end transfer in the same amount from General Fund ( 100) reserves; 2) approve Change Order No. 2 for $ 923,990.64 with Hardy & Harper, Inc., Lake Forest, CA Contract No. 2024-204) for the Street Rehabilitation Fiscal Year 2023-24 Project ( ST241) for a revised total project contract amount not-to-exceed $ 3,086,241.64 for the specific project ST241 ); and 3) authorize the City Manager to execute all necessary documents on behalf of the City.

Albert Espinoza, Deputy Public Works Director/City Engineer, provided a presentationon the item.

Mayor Ulloa inquired about past use of geotechnical services in this area. Hye Jin Lee, Director of Public Works, noted the storm drain pipe in this area was installed over 20 years ago, therefore, staff does not have information about what occurred underground in this area in the past.

Mayor Pro Tern Comstock thanked everyone for attending the community meeting regarding the Ramona Avenue closure and expressed support for quality paving standards, including efforts to reduce noise from truck drivers in this part of the community.

Mayor Pro Tern asked if an agreement was met to address the road repairs with the contractor, and Ms. Lee explained staff is collaborating with the contractor in order to address the repairs as soon as possible and not incur unnecessary costs associated with litigation.

Motion by Mayor Pro Tern Comstock, seconded by Council Member Flores, to 1) Appropriate $ 705, 400 to the Transportation Fund ( 320), with a corresponding year- end transfer in the same amount from General Fund ( 100) reserves; 2) approve Change Order No. 2 for $ 923,990.64 with Hardy & Harper, Inc., Lake Forest, CA ( Contract No. 2024-204) for the Street Rehabilitation Fiscal Year 2023-24 Project ( ST241) for a revised total project contract amount not- to- exceed $ 3,086, 241.64 for the specific project ST241 ); and 3) authorize the City Manager to execute all 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.

16. Final Acceptance of Public Improvements for Tract Map No. 18903, Meritage Homes of California, Incorporated. Accept Public Improvements as Complete for Tract Map No. 18903 and Authorize the Release of the Performance Bond and Initiate the Warranty Bond.

Staff Report By: Jesus Plasencia, Assistant City Engineer RECOMMENDATION: 1) Accept public improvements as complete for Tract Map No. 18903; 2) authorize the release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.

CHINO CITY COUNCIL
SEPTEMBER 17, 2024 6
Mayor Pro Tern Comstock recused herself from this item due to a conflict and left the dais at 7:04 p.m.

Jesus Plasencia, Assistant City Engineer, provided a presentation on the item.

Council Member Lucio asked if staff received comments from residents, and Hye Jin Lee, Director of Public Works confirmed they received positive comments.

Mayor Ulloa inquired about the future paving schedule and the warranty deadline, and Ms. Lee explained the REAS pilot program was implemented and how staff can implement its use on future projects.

Mayor Ulloa asked about the faulty cement work, and Mr. Plasencia explained any known damaged cement work was identified and corrected.

Mayor Ulloa inquired about the mailbox location, and City Manager Reich confirmed the City will provide the accessibility ramp, and no outstanding residential concerns are known.

Council Member Burton provided comments regarding working with the Meritage Homes developer, and City Attorney Galante confirmed the City would be required to work with Meritage on future projects if presented.

Mayor Ulloa requested that a letter be sent to every resident regarding the 1-year warranty period, and Mr. Plasenciaconfirmedstaff will send out letters to residents.

Council Member Flores commented on the REAS pilot program, and asked if it can be applied to newly paved streets, and Ms. Lee replied yes and explained staff is working on establishing a new pavement system plan and guide.

Council Member Burton asked about the material cost difference, and Ms. Lee explained the cost of REAS is 30% more than regular slurry, however, the REAS lifespan is 7 years, whereas regular slurry is 1 year.

Motion by Council Member Burton, seconded by Council Member Lucio, to 1) Accept public improvements as complete for Tract Map No. 18903; 2) authorize the release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City. The motion carried by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ULLOA, BURTON, FLORES, AND LUCIO
NONE.

NONE.

COMSTOCK
Mayor Pro Tern Comstock returned to the dais at 7:20 p.m.

CHINO CITY COUNCIL
SEPTEMBER 17, 2024

MAYOR AND COUNCIL REPORTS
Mayor Ulloa
7 Mayor Ulloa reported on the following meeting and events including the Omnitrans and San BernardinoCounty TransportationAuthority Boardof Directors meeting; SeniorCenter Birthday Celebrations; San Bernardino County Transportation Authority 60 Freeway Central Avenue Bridge Ribbon Cutting; expressed condolences to the Yates family and announced a Celebration of Life taking place on Thursday, December 5, 2024 from 3:00 - 5:00 p.m. at the Chino Police Department; City Council Workshop; Mayor' s Prayer Breakfast; Chino Valley Fire District 9/11 Memorial Ceremony; Omnitrans Administration and Finance Committee meeting; San Bernardino County Transportation Authority Transit Committee meeting; Inland Valley Humane Society meeting; and the Let it Be Sunset Gala.

Mayor Pro Tern Comstock
Mayor Pro Tern Comstock reported on the following meeting and events including media training; City Manager meeting; City Council Workshop; Affordable Housing Project tour; City Manager meeting; City Council meeting; and expressed her condolences to the Yates family. • Council Member Burton
Council Member Burton reported on the following meeting and events including Police Department Swearing in Ceremony; San Bernardino County Transportation Authority 60 Freeway Central Avenue Bridge Ribbon Cutting; media training, City Manager meeting; meeting with Chino Valley Unified School District Board Candidate; Coffee with a Cop at Flo's Cafe; Edwin Rhodes Elementary School meeting regarding traffic; City Council Workshop; Mayor's Prayer Breakfast; Chino Valley Fire District 9/11 Memorial ceremony; City Manager meeting; West End Animal Service Agency briefing; and expressed his condolences to the Yates family.

Council Member Flores

17. Community Support Fund - Council Member Flores. Approve community support fund contribution to UChooz.

Staff Report By: Council Member Flores
RECOMMENDATION: Approve community support fund contribution of $ 500 to UChooz Positive Youth.

Motion by Council Member Burton, seconded by Council Member Lucio, to approve community support fund contribution of $ 500 to UChooz Positive Youth. 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 meeting and events including San Bernardino County Transportation Authority 60 Freeway Central Avenue Bridge Ribbon Cutting; Inclusion Community Celebration meeting and the event; City Council Workshop; acknowledged Ayala High School students who attended the City Council meeting; expressed condolences to the Yates family; and introduced visitor Donald Wang who attended the City Council meeting.

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