City Council

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 CityClerk@cityofchino.org 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 FINAL - CITY HALL COUNCIL CHAMBERS 13220 CENTRAL AVENUE CHINO, CA 91710 TUESDAY JULY 18, 2023 REGULAR MEETING AGENDA CLOSED SESSION – 5:30 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 - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20-cv-01116-MCS-SP) FLAG SALUTE CEREMONIALS Recognition of Chino Cultural Foundation Scholarship Winners. Recognition of Chino Cultural Foundation's Scholarship Winners. CHINO CITY COUNCIL JULY 18, 2023 2 Recognition of the Retirement of City of Chino Police Chief Wes Simmons. Recognition of Chino Police Department Chief Wes Simmons retirement date August 13, 2023. REPORT OUT OF CLOSED SESSION AGENDA ADDITIONS/REVISIONS 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). 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 766068 to 766279, and Electronic Fund Transfers 517529E to 517617E, totaling $5,909,364.26. 2. Minutes. Regular Meeting Minutes June 20, 2023 (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. Designation of League of California Cities Voting Delegates. Designate Council Member Curtis Burton as the Voting Delegate, Council Member Lucio as the 2nd Voting Delegate, and Mayor Pro Tem Karen C. Comstock as the 3rd Voting Delegate for the 2023 League of California Cities Annual Conference and Expo. 5. Renewal of Live Entertainment Permit - The Patio Grill & Cantina. Approval of a renewal Live Entertainment Permit for The Patio Grill &Cantina at 13511 Central Ave. for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit. 6. Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2024/2025-2028/2029. Adopt Resolution No. 2023-048, approving Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2024/2025-2028/2029. 7. Adoption of Ordinance Nos. 2023-005 and 2023-015, Ramona Francis Annexation (Second Reading) Adoption of Ordinance Nos. 2023-005 and 2023-015, Ramona Francis Annexation (Second Reading). ORDINANCE NO. 2023-005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (CHAPTER 20.16 – RIGHT TO FARM AND CHAPTER 20.20 – NONCONFORMING USES, CHINO CITY COUNCIL JULY 18, 2023 3 STRUCTURES AND PARCELS) OF THE CITY OF CHINO. PL23-0015 (ZONE ORDINANCE AMENDMENT). ORDINANCE NO. 2023-015 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING APPROXIMATELY 145 ACRES OF LAND TO RD2 RESIDENTIAL/AGRICULTURAL), RD 4.5 (RESIDENTIAL) AND P (PUBLIC) FOR PARCELS LOCATED EAST OF NORTON AVENUE, NORTH AND SOUTH OF FRANCIS AVENUE, NORTH AND SOUTH OF PHILADELPHIA STREET AND WEST OF YORBA AVENUE WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE (APN’s: 1013-211-04-08, 10, 11, & 18-22, 1013-221-01-06, 09, & 11-18, 1013-341-03-07, & 09-13, 1013-351-16, 17, 20-23, 26-31, & 40, 1013-361-01-11, 14 21, & 25, 1013-371-03-22, 1013-411-11, & 14-18, 1013-421-01, 04 13, 16, 18, & 19, 1013-431-01, 02, 06, & 09-11, and 1016-121-04 07)., WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL23-0014) AND AMENDING ORDINANCE NO. 2010-06. 8. Adoption of Ordinance No. 2023-014 pertaining to the Yorba Villas Pre-Annexation and Development Agreement (Second Reading). Adoption of Ordinance No. 2023-014 for the Yorba Villas Pre-Annexation and Development Agreement (Second Reading). ORDINANCE NO. 2023-014 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, APPROVING THE PRE-ANNEXATION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND YORBA VILLAS, LLC RELATED TO THE DEVELOPMENT OF APPROXIMATELY 13.35 ACRES OF REAL PROPERTY WITHIN THE CITY OF CHINO’S SPHERE OF INFLUENCE (APNs 1013-211-21 & -22); AUTHORIZING SUCH DEVELOPMENT PER CHAPTER 20.13; AND APPROVING SANITARY SEWER SERVICE FOR THE PROPERTY SUBJECT TO LOCAL AGENCY FORMATION COMMISSION AUTHORIZATION. 9. Adoption of Ordinance No. 2023-016, Community Services Name Change (Second Reading). Adoption of Ordinance No. 2023-016, Community Services Name Change (Second Reading). ORDINANCE NO. 2023-016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF CHINO MUNICIPAL CODE TO CHANGE THE NAME OF THE COMMUNITY SERVICES DEPARTMENT AND THE COMMUNITY SERVICES COMMISSION 10. Purchase Order Approval - Porter Corp. Approve a purchase order in the amount of $59,297.94 for Porter Corp, Holland, MI for the purchase of a Poligon shade shelter for the Walnut Park Improvements project (PK223). 11. Notice of Completion: WA19C Eastside Water Treatment Plant Paving Project. Accept Project No. WA19C Eastside Water Treatment Plant Paving Project as complete and authorize the Director of Public Works to file the Notice of Completion. 12. Notice of Completion: R2071 - Benson Avenue Permanent Lift Station Project. Approval of a Notice of Completion for Project No. R2071 - Benson Avenue Permanent Lift Station Project. 13. Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2023-24. Adopt Resolution No. 2023-050 approving the Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2022-23 to be funded by SB 1: The Road Repair and Accountability Act of 2017. CHINO CITY COUNCIL JULY 18, 2023 4 PUBLIC HEARING Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks. 14. Approve the Introduction of Ordinance No. 2023-017. Introduction of Ordinance No. 2023-017, amending Chapters 15.45 and 15.46 of the Chino Municipal Code to integrate Climate Action Plan standards and provide for solar panel applications through SolarAPP+. Staff Report By: Mike Heroux, Deputy Director of Development Services RECOMMENDATION: 1) Conduct a public hearing; and 2) approve the introduction of Ordinance No. 2023-017, to be read by number and title only and waive further reading of the Ordinance. ORDINANCE NO. 2023-017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE UPDATES TO THE CITY’S CLIMATE ACTION PLAN AND UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO INCLUDE SOLARAPP+ 15. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2023-2024. Conduct the Public Hearing and adopt Resolution No. 2023-049, directing the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder. Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Conduct the Public Hearing; 2) adopt Resolution No. 2023-049; and 3) direct the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder. NEW BUSINESS 16. Award of Contract for City Park Restrooms Restoration. Award a contract to New Millennium Construction Services, Inc., Chino Hills, CA in the amount of $538,985.55 for the restoration of city park restrooms. Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Appropriate $496,782.55 to the program 3607220, with a corresponding year end General Fund transfer to Fund 360; 2) award a contract in the amount of $538,985.55 to New Millennium Construction Services, Inc., Chino Hills, CA, for the restoration of City park restrooms; 3) authorize $107,797 for extraordinary work, for a total contract amount not-to-exceed $646,782.55; and 4) authorize the City Manager to execute the necessary documents on behalf of the City. 17. Citywide Pavement Rehabilitation Project - Phase 1 Pilot Program. Receive presentation and provide direction regarding the City of Chino Citywide Pavement Rehabilitation Project – Phase 1 Pilot Program. Staff Report By: Amer Jakher, Special Projects Administrator RECOMMENDATION: Receive presentation from staff and provide direction regarding the Citywide Pavement Rehabilitation Project - Phase 1. 18. Memorandums of Understanding, Compensation and Salary Adjustments. Adjustment in compensation and terms and conditions of employment for affected employees of the City of Chino. Staff Report By: Debbie Pacheco, Senior Management Analyst CHINO CITY COUNCIL JULY 18, 2023 5 RECOMMENDATION: 1) Adopt Resolution No. 2023-051 approving the Memorandums of Understanding with the: Chino Police Professional Employee’s Association (CPPEA); American Federation of State, County and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit (Teamsters) and amendments to the compensation and terms and conditions of employment referenced for other employees of the City of Chino; 2) Adopt Resolution No. 2023-052 approving the Classification and Compensation Schedules; 3) Approve a total appropriation in the amount of $1,568,666 to the various funds listed below in the fiscal impact; and 4) Authorize the City Manager to execute all necessary documents on behalf of the City. 19. Approval of Purchase and Sale Agreement between the City of Chino and Chino Development Corporation for the Bon View Well site. Purchase & Sale Agreement between the City of Chino and Chino Development Corporation for the Bon View Well Site located at the northeast corner of Bon View and Schaefer Avenues in the City of Ontario. Staff Report By: Sylvia Ramos, Associate Engineer RECOMMENDATION: 1) Appropriate $230,300 from the unappropriated reserves of the Water Fund and schedule a corresponding year-end transfer in the same amount from The Preserve Water Source, Storage & Distribution Facilities Development Impact Fee Fund 261; 2) approve the Purchase and Sale Agreement between the City of Chino and Chino Development Corporation, a California corporation for the purchase of the Bon View Well Site located at the northeast corner of Bon View and Schaefer Avenues in the City of Ontario; 3) authorize a payment to Fidelity National Title Company in the amount of $150,000 for the purchase of the Bon View Well site and authorize up to $7,500 for associated escrow costs; 4) approve an immediate reimbursement to Chino Development Corporation per the terms of the amended and restated Preserve Development Agreement for improvements associated with the Eastside Water Treatment Facility in the amount of $72,800; and 5) authorize the City Manager to execute all of the necessary documents of behalf of the City. 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 Council Member Lucio City Manager's Report City Attorney's Report Police Chief's Report Fire Chief's Report CHINO CITY COUNCIL JULY 18, 2023 6 ADJOURN The next Regular Meeting of the City Council will be held on Tuesday, September 5, 2023 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 Thursday, July 13, 2023 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. _______________________________________ Natalie Gonzaga, City Clerk.