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 CITY HALL COUNCIL CHAMBERS 13220 CENTRAL AVENUE CHINO, CA 91710 TUESDAY SEPTEMBER 5, 2023 AT 6:00 PM REGULAR MEETING AGENDA CLOSED SESSION – 4:30 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 REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 Property: 5412 Francis Avenue (APN 1014-281-03 and -08) Agency Negotiator: Linda Reich, City Manager Negotiating Party: Grand West Coast Investment, LLC Under Negotiation: Price and terms of potential acquisition 2. WORKER’S COMPENSATION CLAIMS Pursuant to Government Code 54956.95 to consider the following worker’s compensation claim: Claimant: Theodore R. Sutton Claim No. 211022165 Agency claimed against: City of Chino CHINO CITY COUNCIL SEPTEMBER 5, 2023 2 3. 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 Proclamations National Preparedness Month. Proclaim September 2023 as National Preparedness Month. Suicide Prevention Awareness Month. Proclaim September 2023 as Suicide Prevention Awareness Month. National Childhood Obesity Awareness Month. Proclaim September 2023 as National Childhood Obesity Awareness Month. Presentations Business of the Month - September 2023. Award of Business of the Month for September 2023 to Living Waters Pool Service. Mayor's Home Beautification Award. Award of Mayor’s Home Beautification Award for September 2023. The Let it Be Foundation. Presentation from The Let it Be Foundation Youth Leadership Team. REPORT OUT OF CLOSED SESSION AGENDA ADDITIONS/REVISIONS INFORMATION Presentation - 2023 Tropical Cyclone Hilary 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). CHINO CITY COUNCIL SEPTEMBER 5, 2023 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 766280 to 766907, and Electronic Fund Transfers 517618E to 517820E, totaling $17,350,050.56. 2. Minutes. Regular Meeting Minutes for July 18, 2023 (All Members Present); July 5, 2023 (All Members Present). 3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Elected City Officials’ Report reflecting City Council business related expenses incurred by the City. 4. Annexation of Territory into Community Facilities District 2003-03 Improvement Area 5. Adoption of Resolution 2023-053 for Annexation No. 8 of Territory into Existing Community Facilities District No. 2003-03 Improvement Area 5. 5. Adoption of Ordinance No. 2023-017. Adoption of Ordinance No. 2023-017 amending multiple sections of Title 15 of the Chino Municipal Code (Second Reading). ORDINANCE 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+ 6. Final Acceptance of Public Improvements - Kimball Business Park Phase II / Parcel Map No. 19689 (Orbis Real Estate Partners). Accept the public improvements for Orbis Real Estate Partners pertaining to Kimball Business Park Phase II / Parcel Map No. 19689 as complete and authorize release of the performance bond and initiate the warranty bond. 7. Covenant Agreement to Annex for Sanitary Sewer Service -11589 Yorba Avenue. Adopt Resolution 2023-054 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer Service and request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for the property located at 11589 Yorba Avenue within the City of Chino’s Sphere of Influence. 8. Memorandum of Understanding - Pine Avenue / Euclid Avenues Intersection Improvements. Approve a Memorandum of Understanding between the City of Chino and Chino Preserve Development Corporation for the construction of the Pine Avenue / Euclid Avenue Intersection Improvements. 9. Renewal of Live Entertainment Permit - Casa Diaz. Approval of a renewal Live Entertainment Permit for Casa Diaz at 7041 Schaefer Avenue for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit. 10. Renewal of Live Entertainment Permit - The Patio Grill & Cantina. Approval of a renewal Live Entertainment Permit for The Patio Grill & Cantina at 13511 Central Avenue for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit. 11. Master Contracts - Chino Valley Unified School District. Approve Master Contracts with the Chino Valley Unified School District for the provision of Community Services programs for Fiscal Year 2023-24. CHINO CITY COUNCIL SEPTEMBER 5, 2023 4 12. Vendor Cap Increase - New Tangram, LLC. Approve a vendor cap increase with New Tangram, LLC in the amount of $100,000 for a total not-to-exceed amount of $150,000 for design services, purchase and installation of modular furniture systems, and reconfiguring existing workstations at City-owned facilities. 13. Notice of Completion - Water Environmental Building Lead and Asbestos Abatement Project (MS237). Accept the Water Environmental Building Lead and Asbestos Abatement project (MS237) completed by Resource Environmental, Inc., Cerritos, CA, Contract #2023-251, as complete. 14. Notice of Completion - WA19C Eastside Water Treatment Facility Expansion Project Accept the Eastside Water Treatment Facility Expansion Project (WA19C), completed by Pacific Hydrotech Corporation, as complete. 15. Purchase Order - 2023 Chevrolet Tahoe Approve a Purchase Order to M.K. Smith Chevrolet for a 2023 Chevrolet Tahoe in the amount of $60,933.62. 16. Purchase Order - 2023 Asphalt Patch Truck. Approve a Purchase Order to PB Loader Corporation for a 2023 Asphalt Patch Truck in the amount of $286,547.69. 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. 17. Amended Operating Covenant and Restrictive Covenants Affecting Interests In Real Property. Approve the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests In Real Property with Creative Bus Sales, Inc. Staff Report By: Jackie Melendez, Assistant City Manager RECOMMENDATION: 1) Conduct a Public Hearing, 2) approve the Third Amendment to Operating Covenant and Restrictive Covenants Affecting Interests in Real Property between the City of Chino and Creative Bus Sales, Inc. and 3) authorize the City Manager to execute all necessary documents on behalf of the City. NEW BUSINESS 18. Introduction of Ordinance No. 2023-018 regarding City of Chino Designated Holidays. Approve the introduction of Ordinance No. 2023-018 Amending Chapter 2.52 of the Chino Municipal Code pertaining to Holidays. Staff Report By: Debbie Pacheco, Deputy Director of Human Resources/Risk Management RECOMMENDATION: Approve the Introduction of Ordinance No. 2023-018, pertaining to the designation of specific holidays upon which public offices and buildings of the City of Chino will be closed, to be read by title and number only and waive further reading of the Ordinance. ORDINANCE 2023-018 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING ORDINANCE NO. 2019-014, SECTION 2.52.020, OF THE CHINO MUNICIPAL CODE DESIGNATING SPECIFIC HOLIDAYS UPON WHICH NON-SAFETY PUBLIC OFFICES AND BUILDINGS OF THE CITY OF CHINO SHALL BE CLOSED CHINO CITY COUNCIL SEPTEMBER 5, 2023 5 19. Award of Contract - Ice America - Portable Ice-Skating Rink Approve a Contract with Ice-America in the amount of $446,801 for a Portable Ice-Skating Rink Services. Staff Report By: Mayra Pratt, Community Services Manager RECOMMENDATION: 1) Approve a contract with Seaside Ice, LLC dba Ice-America in the amount of $446,801 for the services of a portable outdoor ice-skating rink and ancillary equipment, and (2) authorize the City Manager to execute all necessary documents on 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 ADJOURN The next Regular Meeting of the City Council will be held on Tuesday, September 19, 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 Wednesday, August 30, 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.