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, APRIL 2, 2024 REGULAR MEETING AGENDA CLOSED SESSION – 4:45 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 - 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 CHINO CITY COUNCIL APRIL 2, 2024 2 FLAG SALUTE CEREMONIALS Proclamations Arbor Day. Proclaim April 5, 2024 as Arbor Day in the City of Chino. Autism Awareness Month. Proclaim April 2024 as Autism Awareness Month in the City of Chino. Child Abuse Prevention Month. Proclaim April 2024 as Child Abuse Prevention Month in the City of Chino. Donate Life Month. Proclaim April 2024 as Donate Life Month in the City of Chino. Presentations City of Chino 2023 Photo Contest Winners. Recognition of Photo Contest Winners: - Chino Animals: Jessica Lau - Chino Fun: Heather Peralta - Chino Living: Carolina Becerril - Chino Nature & Landmarks: Jorge Borjas - Chino Sports: Kimora Moore Business of the Month. Award of Business of the Month for April 2024 to Peach Body Studios. Mayor’s Home Beautification Award. Award of Mayor’s Home Beautification Award for April 2024. REPORT OUT OF CLOSED SESSION AGENDA ADDITIONS/REVISIONS INFORMATION External Agency Reports. Receive and File External Agency Reports for January 2024 and February 2024. 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 APRIL 2, 2024 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 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. 9. 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. 10. 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. 11. Adoption of Ordinance No. 2024-004. Adopt Ordinance No. 2024-004 - Zone Ordinance Amendment PL23-0119 (Second Reading). ORDINANCE NO. 2024-004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE SIGN CODE (TITLE 16 OF THE MUNICIPAL CODE) AND ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL23-0119 (ZONE ORDINANCE AMENDMENT) 12. Adoption of Ordinance No. 2024-006. Adopt Ordinance No. 2024-006, approving the Chino Police Department's "Military Equipment" Use Policy (Second Reading). CHINO CITY COUNCIL APRIL 2, 2024 4 ORDINANCE NO. 2024-006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA APPROVING THE UPDATED CHINO POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY. 13. 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. 14. 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. Adopt Resolution 2024-009 and approve a construction credit/reimbursement 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. NEW BUSINESS 15. Construction Credit/Reimbursement 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 credit/reimbursement 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 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 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. 16. 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). ORDINANCE 2024-007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ESTABLISHING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION CHINO CITY COUNCIL APRIL 2, 2024 5 17. 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. 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 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. 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, April 16, 2024 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 Friday, March 29, 2024 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. CHINO CITY COUNCIL APRIL 2, 2024 6 _______________________________________ Natalie Gonzaga, City Clerk.