SECTION 1. The above recitals are true and correct and are each incorporated herein and adopted as findings of the City Council.
SECTION 2. Chino Municipal Code, subsection 8.80.010 is hereby amended to read in its entirety as follows:
8.80.010 – Purpose.
The purpose of this Chapter is to maintain streets, parks, and other public and private areas within the City in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and welfare of the public. Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property, or to criminalize or regulate the status of being homeless.
SECTION 3. Chino Municipal Code, subsection 8 .80.130 is hereby amended to read in its entirety as follows:
8.80.130 – Enforcement.
A. Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of or failure to comply with any of the provisions of this Chapter is committed, maintained, continued, or permitted by such person, and each instance shall be deemed punishable.
B. The provisions of thi s Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.
C. The City may enforce any violation of this Chapter by any and all means available by law, inc luding, but not limited to, a restraining order, preliminary or permanent injunction, criminal or administrative enforcement.
D. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.
E. No person may obstruct any public or private right-of-way either with their person, or with their personal property, or otherwise interfere with the use and enjoyment of public parks, facilities, public rights of way or other public property. Upon notice by any enforcement officer of the City , any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this Chapter.
SECTION 4. Severability. If any section or provision of this Ordinance is for any reason held to be invalid, unconstitutional, illegal, or unenforceable by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, then such section or provision shall be severed and shall be inoperative, and the remainder of this Ordinance shall remain in full force and effect.
449
ORDINANCE NO. 2024-009
SECTION 5 . CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the Ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.
SECTION 6. Effective Date . This Ordinance shall become effective thirty (30) days following its adoption.
APPROVED AND ADOPTED THIS 15TH DAY OF OCTOBER 2024.
________________________________
EUNICE ULLOA, MAYOR
ATTEST:
________________________________
NATALIE GONZAGA, CITY CLERK
450
ORDINANCE NO. 2024-009
State of California )
County of San Bernardino )
City of Chino )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the forgoing Ordinance was duly adopted by the City Council at a meeting held on the 15th day of October 2024, by the following votes:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
________________________________
NATALIE GONZAGA, CITY CLERK
451
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
Introduction of Ordinance No. 2024 -010 Amending Chapter 2.36 to A dd City of Chino Planning Commission Sphere of Influence Members.
..end
RECOMMENDATION
..recommendation
Approve the introduction of Ordinance No. 2024 -010, amending Chapter 2.36 (Planning Commission) of the Chino Municipal Code (CMC), to provide for the addition of two members of the Chino Planning Commission from the City’s Sphere of Influence, and to provide such members voting and advisory powers as defined, to be read by number and title only, and waive further reading of the Ordinance.
..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:
Superior Customer Service
Responsible Long-Range Planning
Revenue:
Expenditure:
Transfer In: Transfer Out:
452
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: INTRODUCTION OF ORDINANCE NO. 2024-010 AMENDING CHAPTER 2.36 TO ADD CITY OF CHINO PLANNING COMMISSION SPHERE OF INFLUENCE MEMBERS.
PAGE: 2
BACKGROUND
At the September 10, 2024 City Council workshop, staff presented a draft ordinance to City Council that outlined the direction provided by the City Council at the previous workshop on April 9, 2024 regarding Planning Commission participation for the City’s Sphere of Influe nce (SOI) areas. The topics discussed at the workshop included Planning Commissioner representation in the City’s two SOI areas, the Commissioners term length, and the Commissioners voting capacity. The Council also reaffirmed their direction not to have P lanning Commission meetings broadcast considering the cost and projected low viewership.
ISSUES/ANALYSIS
The City Council discussed the information provided by staff at the September 10, 2024 City Council workshop. The main recommendations presented by staff and the City Council’s final direction are outlined below.
1. One SOI member is to be appointed from each SOI area – North SOI and South SOI.
The City Council agreed that one SOI member should be appointed to the Planning Commission from both the north and south SOI areas. The City Council further clarified that a SOI Planning Commissioner is not mandatory, and the position is allowed to be vacant if no one applies or is appointed.
2. The SOI members serve for a term of two years.
The City Council agreed the term for the SOI Planning Commissioners should be for two years.
However, the SOI Planning Commissioner would be removed from the Planning Commission at such time their residence is annexed into the City.
3. The SOI members serve in a voting capacity.
The City Council agreed the SOI Planning Commissioners should be allowed to vote.
4. The SOI members should have the ability to vote on matters or items that apply city - wide, or which involve land within or in close proximity to the Sphere of Influence area in which the ex-officio member resides.
The City Council did not believe the SOI Planning Commissions should have a right to vote on city-wide matters, or on projects in close proximity to the SOI areas they represent. Instead, they would only vote on matters pertaining to any property within their respective SOI areas.
Because the SOI areas are still technically under the jurisdiction of the County of San Bernardino, the only matters that the new SOI Planning Commissioners would act on would include annexations, General Plan land use changes, and/or master planning of their SOI areas.
All development project approvals would continue to be approved by the County. The City Council also agreed the SOI Planning Commissioners can serve as alternates to each other.
The attached draft ordinance has been amended by staff based on the final direction provided by the City Council. Once approved, the Planning Commission Rules & Procedures will be updated to reflect the final changes.
Attachment: Ordinance No. 2024-010
453
ORDINANCE NO. 2024-010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO
PROVIDE FOR THE ADDITION OF TWO MEMBERS OF THE CHINO
PLANNING COMMISSION FROM THE CITY’S SPHERE OF INFLUENCE, AND
TO PROVIDE SUCH MEMBERS VOTING AND ADVISORY POWERS AS
DEFINED THEREIN
WHEREAS, Chapter 2.36 (Planning Commission) of Article 2 (Administration and Personnel) of the Chino Municipal Code (“CMC”) establishes the Chino Planning Commission to consider issues of planning and land use within the City and regulates the Planning Commission therein; and
WHEREAS, pursuant to Chapter 2.36, the Planning Commission has the power and duty to 1.) review and recommend the City’s General Plan for the City Council’s adoption; 2.) review and decide applications for tentative maps, special conditional use permits, site approvals, and major variances; 3.) review and recommend to the City Council, applications for general plan amendments, specific plan amendments, zone changes, zone ordinance amendments, and development agreements; and 4.) participate in the development and design review process; and
WHEREAS, a Sphere of Influence is the probable, or eventual, physical boundary and service area of a city. Pursuant to state law, a city’s Sphere of Influence is ultimately determined by a Local Agency Formation Commission (LAFCO), and land within a city’s Sphere of Influence may eventually become part of a city’s jurisdiction through annexation overseen by a LAFCO. The LAFCO of San Bernardino serves as liaison between the City of Chino and San Bernardino County in determining the Sphere of Influence of the City of Chino; and
WHEREAS, the Sphere of Influence of the City of Chino encompasses approximately 31 square miles. The current land area includes 18,938 acres with a Sphere of Influence area of approximately 1,548 acres that is divided in two large areas at the northwest end of the City. Most of the SOI land area has existing single-family residential and agricultural land uses, established over time in an informal pattern; and
WHEREAS, CMC Section 2.36.020 provides that the Planning Commission shall consist of seven members, appointed by t he mayor with the approval of the City Council, and requires that all members of the Planning Commission be residents of the City at the time of their appointment and throughout their terms of office; and
WHEREAS, pursuant to City Council direction provided at the July 5, 2023 regular City Council meeting, the Planning Commission discussed and provide d input on the Planning Commission appointment process and terms at its regularly scheduled meeting on August 16, 2023. One of the items discussed was whether a Planning Commissioner should be appointed from the City’s Sphere of Influence. At this meeting, the Planning Commission voted 4-2 in favor for the appointment of a Planning Commissioner from the City’s Sphere of Influence in an advisory capacity; and
WHEREAS, during its April 9, 2024 workshop, the City Council considered the Planning Commission’s discussion, input, and vote from the July 5, 2023 Planning Commission meeting regarding the appointment of a Planning Commissioner from the City’s Sphere of Influence in a voting or advisory capacity. At that meeting, the City Council directed staff to prepare a proposal 454
ORDINANCE NO. 2024-010
01225.0005/990558.3
for adding one or more members to the Planning Commission to represent areas within the City’s Sphere of Influence and participate in a voting capacity; and
WHEREAS, the City Council further discussed information presented by staff at the August 10, 2024 City Council workshop and provided direction to staff regarding the appointment of a Planning Commissioner from the City’s Spheres of Influence, the term of such Planning Commissioner, and the voting powers of such Planning Commissioner. The City Council then directed staff to prepare an ordinance reflecting this direction; and
WHEREAS, the City Council now desires to amend Chapter 2.36 of the Chino Municipal Code to allow for the appointment of two additional Commissioners to the Planning Commission to represent areas within the City’s Sphere of Influence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
Section 2. Section 2.36.020 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
2.36.020 – Members – Appointment and term of office.
A. The planning commission shall consist of seven nine members. Each member shal l be appointed by the mayor with the approval of the city council and shall serve for a term of four years . In the event that a member is required to take a temporary leave of absence, the mayor may appoint a temporary replacement with the approval of the city council. In the event that a member resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the mayor may appoint a member to fill the vacant position with the approval of the city council. Ex- officio positions may be left vacant for all or some of the term of the position in the event that no resident meeting the requirements to serve as ex-officio member, pursuant to subsection C below, applies for or is appointed to the position.
B. All Seven members of the planning commission shall be residents of the city at the time of their appointment and throughout their terms of office , and shall serve for a term of four years (full commission membership).
C. Two members of the planning commission shall be residents of the city’s Sphere of Influence area, as defined under California Government Code section 56076 and determined by the Local Agency Formation Commission of San Bernardino (LAFCO), at the time of their appointment and throughout their terms of office, and shall serve for a term of two years as ex-officio members. One ex-officio Sphere of Influence member shall be a resident of the North Sphere of Influence, and one member shall be a resident of the South Sphere 455
ORDINANCE NO. 2024-010
01225.0005/990558.3
of Influence. Should the portion of the city’s Sphere of Influence area in which the commissioner resides be annexed into the city, the commissioner shall be removed from their position as ex -officio member at such time as their residence is annexed into the city and may thereafter apply for full membership to the planning commission under subsection (B).
C.D. Notwithstanding the provisions of subsection A above, members of the commission shall continue in office until their successors are appointed by the mayor with the approval of the city council.
Section 3. Section 2.36.030 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline ; deletions in bold strikethrough):
2.36.030 – Chairperson.
The planning commission shall select a chairperson and vice chairperson from among the non-ex-officio members, and the chairperson and vice chairperson shall serve a term of two consecutive years. The commission may create and fill such other offices as it may see fit.
Section 4. Section 2.36.060 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline ; deletions in bold strikethrough):
2.36.060 – Other powers.
The planning commission shall review and recommend, and the city council shall adopt, a general plan in accordance with the terms and provisions of section 65300, et seq., of the Government Code of the state, which is referred to and made part of this chapter. The planning commission shall have the power and duty to:
(1) review and decide applications for tentative maps, special conditional use permits, site approvals, and major variances; (2) review and recommend to the city council, applications for general plan amendments, specific plan amendments, zone changes, zone ordinance amendments, and development agreements; and (3) participate in the development and design review process.
Ex-officio members of the planning commission, as defined in Section
2.36.020(C), shall only have the ability to vote on matters or items which involve land within the Sphere of Influence area in which the ex -officio member resides. Each ex-officio member will also serve as an alternate to the other ex-officio member, so that if one member is absent, unavailable, or otherwise unable to participate in a matter or item, the other member may participate in his or her place.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would 456
ORDINANCE NO. 2024-010
01225.0005/990558.3
have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 7. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.
ADOPTED THIS 15TH DAY OF OCTOBER 2024.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
457
ORDINANCE NO. 2024-010
01225.0005/990558.3
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalia Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 15th day of October 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
458
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CURTIS BURTON
SUBJECT
..titl e
Community Support Fund – Council Member Burton.
..end
RECOMMENDATION
..recommendation
Approve a community support fund contribution of $250 to St. Margaret Mary School. ..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2024-25 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:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure: 1002000 43300 N2034
Transfer In: Transfer Out:
459
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER BURTON.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Burton recommends that the City Council approve the following contribution:
St. Margaret Mary School (St. Margaret Mary School Car Show) - $250: Offers excellence in academics with a family -valued environment, providing positive contributions to organizations in and around Chino.
By approving this contribution benefiting the 9 th Annual St. Margaret Mary Car Sh ow, St.
Margaret Mary School will be better equipped to provide services to the Chino community.
Therefore, as proposed by Council Member Burton, staff recommends that the City Council approve the community support contribution to St. Margaret Mary School.
460
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CHRISTOPHER FLORES
SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end
RECOMMENDATION
..recommendation
Approve a community support fund contribution of $500 to Adrian’s World, $500 to Behavior Highway, $500 to Autism Society Inland Empire, and $500 to Food for Life Ministry. ..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2023-24 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:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
461
CITY COUNCIL MEETING DATE: OCTOBER 1, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contribution:
Adrian’s World ($500): Adrian’s World is a family orientated non -profit organization serving the special needs community in San Bernardino County with a mission to provide quality care and service because it’s what they deserve. Behavior Highway ($500): Behavior Highway is an organization that strives to make Applied Behavior Analysis (ABA) understandable and accessible for everyone by providing direct services and parent and professional resources. Behavior Highway aims at providing inclusion, acceptance, and an individualized approach to learn and grow. Autism Society Inland Empire ($500): Autism Society Inland Empire is an organization that connects people to the resour ces they need through education, advocacy, support, information and referral, and community programming.
Food for Life Ministry – Seventh Annual Golf Tournament Fundraiser ($500): Food for Life Ministry provides food and resources to families in need of s upport. Through their Annual Gold Tournament, Food for Life Ministry raises funds to further their mission.
By approving this contribution, Adrian’s World, Behavior Highway, Autism Society Inland Empire, and Food for Life Ministry will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contribution to Adrian’s World, Behavior Highway, Autism Society Inland Empire, and Food for Life Ministry.
462