2nd to include the City Council Committee Assignments List

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.

In compliance with the Americans with Disabilities Act, if you require a reasonable accommodation to participate in this meeting, 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

REGULAR MEETING – CITY HALL COUNCIL CHAMBERS 13220 CENTRAL AVENUE

CHINO, CA 91710

TUESDAY MARCH 3, 2020

CLOSED SESSION – 6:00 PM OPEN SESSION – 7:00 PM

AGENDA

ROLL CALL

Mayor Ulloa

Mayor Pro Tem Haughey Council Member Hargrove Council Member Lucio Council Member Rodriguez

CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.Pursuant to Government Code section 54956.9(1)(d):1. City of Chino v. GH Dairy, et. al. (Case No. CIVSD1931489)2. FHll, LLC, dba Frontier Communities v. City of Chino (San Bernardino Superior Court

Case Nos. CIVDS 1822347, CIVDS 1806177, CIVDS 1722359, CIVDS 1810757).

B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION.Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9.Number of cases: One case.

This agenda was updated at 5:00 p.m. on Monday, March 2nd to include the City Council Committee Assignments List. The list begins on .pdf page 207

http://www.cityofchino.org/

CHINO CITY COUNCIL MARCH 3, 2020 2

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 that five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

FLAG SALUTE

CEREMONIALS

Proclamations

Academy of Nutrition and Dietetics' National Nutrition Month - March 2020

Presentations

Mayor's Home Beautification Award - March 2020

Business of the Month Award for March 2020 - The Camp Transformation Center.

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.

1. Warrants. Approve expenses as audited and within budget for warrant 748077 to 748233, and Electronic Fund Transfers 510755E to 510837E, totaling $3,555,601.06.

2. Minutes. Regular Meeting of February 18, 2020 (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 and forecast of future events and trainings.


4. Comprehensive Annual Financial Report. Receive and file the City of Chino’s Comprehensive Annual Financial Report for Fiscal Year 2018-19.

5. Approval of a contract amendment with Tyler Technologies. Approve a contract amendment with Tyler Technologies in the amount of $93,550 to purchase a software license for ExecuTime Time and Attendance and Advanced Scheduling.

6. Annexation of Territory into Community Facilities District No. 2003-3 Improvement Area 5 for Municipal Services. Adopt Resolution No. 2020-013, declaring the City of Chino’s Intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services.

7. Street Rehabilitation and Traffic Signal Modification Project - Riverside Drive (ST183) and Conveyance of Property. Approval of Plans and Specifications and Authorization to Advertise Construction Bids for Street Rehabilitation and Traffic Signal Modification Project -Riverside Drive (ST183), Execution of Agreement for the Conveyance of Property at 5684 Riverside Drive, and Amendment to Professional Services Agreement with IDS Group in the amount of $56,988.

8. Adopt Ordinance No. 2020-002, amending Chapter 5.04 (Licenses Generally) and replacing Chapter 5.28 (Peddlers and Solicitors) to the Chino Municipal Code regulating sidewalk vending (Second Reading).. Adopt Ordinance No. 2020-002, amending, revising, or adding Chapters 5.04 and 5.28 of the Chino Municipal Code pertaining to sidewalk vendors in accordance of Senate Bill 946 requirements.

ORDINANCE NO. 2020-002

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, CALIFORNIA, AMENDING CHAPTER 5.04 (LICENSES GENERALLY) OF THE CHINO MUNICIPAL CODE, AND REPLACING CHAPTER 5.28 (PEDDLERS AND SOLICITORS) WITH A NEW CHAPTER 5.28 ENTITLED “SIDEWALK VENDORS” TO ADDRESS CHANGES IN STATE LAW.

M _____ S _____ RC _____

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.

9. Truck Route Update to the General Plan, The Preserve Specific Plan, The Eucalyptus Business Park Specific Plan, the Truck Route Ordinance, and Related Negative Declaration. Update to citywide truck routes including General Plan amendment, various specific plan amendments, and modification to the municipal code.

Staff Report by: Dennis Ralls, Transportation Manager.


RECOMMENDATION: 1. Conduct the public hearing; and 2.Adopt Resolution No. 2020-008, adopting a Negative Declaration for the Truck Route Update Project; and 3. Adopt Resolution No. 2020-009, approving PL19-0096 (General Plan Amendment), based upon the findings listed in the resolution; and 4. Approve the Introduction of Ordinance No. 2020-003, approving PL19-0097 (Preserve Specific Plan Amendment), based upon the findings listed in Planning Commission Resolution No. PC2020-003, to be read by number and title only, and waive further reading of the Ordinance; and 5. Approve the Introduction of Ordinance No. 2020-004, approving PL19-0098 (Eucalyptus Business Park Specific Plan Amendment) based upon the findings listed in Planning Commission Resolution No. PC2020-004, to be read by number and title only, and waive further reading of the Ordinance; and 6. Approve the Introduction of Ordinance No. 2020-005, amending Chapter 10.44 (Commercial Vehicles and Trucks) of the Chino Municipal Code Amendment based upon the findings listed in the ordinance, to be read by number and title only, and waive further reading of the Ordinance.


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING THE PRESERVE SPECIFIC PLAN TO MODIFY THE TRUCK ROUTES. PL19-0097 (PRESERVE SPECIFIC PLAN AMENDMENT).


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,

AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN TO CHANGE TRUCK ROUTES. PL19-0098 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTION 10.44.020 (COMMERCIAL VEHICLE/TRUCK DESIGNATED TRUCK ROUTES) OF THE CHINO MUNICIPAL CODE.

M _____ S _____ RC _____

10. Amendments to Title 20 - Zoning of the Chino Municipal Code. Approve the introduction of Ordinance No. 2020-006 amending sections of Title 20 of the Chino Municipal Code relating to accessory dwelling units, junior accessory dwelling units, and other related structures.

Staff Report by: Fred Galante, City Attorney.

RECOMMENDATION: Conduct the public hearing and approve the introduction of Ordinance No. 2020-006, amending sections of Title 20 of the Chino Municipal Code relating to accessory dwelling units, junior accessory dwelling units, bonus density incentives, other related structures to be read by number and title only and waive further reading of the ordinance.

ORDINANCE NO. 2020-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE


MUNICIPAL CODE) OF THE CITY OF CHINO. PL20-0013 (ZONE ORDINANCE AMENDMENT).

M _____ S _____ RC _____

NEW BUSINESS

11. Amendments to Chapter 8.12 - Fireworks, Chapter 3.32 - Purchasing System, and Chapters 2.36 and 2.38 - Planning Commission and Community Services Commission of the Chino Municipal Code. Approve the introduction of Ordinance Nos. 2020-007, 2020-008, and 2020-009 pertaining to firework stands, the City's purchasing procedures, and qualifications to hold an appointed civil office.

Staff Report by: Fred Galante, City Attorney.

RECOMMENDATION: Approve the introduction of Ordinance Nos. 2020-007, 2020-008, and 2020-009 pertaining to firework stands, the City's purchasing procedures, and qualifications to hold an appointed civil office, to be read by number and title only and waive further reading of the ordinances.


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING THE

CITY OF CHINO’S FIREWORKS ORDINANCE, AT CHAPTER 8.12 OF THE CHINO

MUNICIPAL CODE


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING

PROVISIONS OF THE CHINO MUNICIPAL CODE, AT CHAPTERS 3.32.070

RELATING TO THE CITY’S PURCHASING PROCEDURES FOR PURCHASES

OTHER THAN PUBLIC PROJECTS.


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO AMENDING

PROVISIONS OF THE CHINO MUNICIPAL CODE, AT CHAPTERS 2.36 AND 2.38,

RELATING TO THE CITY OF CHINO’S COMMUNITY SERVICES AND PLANNING

COMMISSIONS

M _____ S _____ RC _____

12. Preserve Lift Station Expansion and Improvement Project (SW201). Appropriate $402,776 from the Sewer Preserve DIF Fund for expansion and improvement of the Preserve Lift Station due to continued development.

Staff Report by: Amanda Coker, Principal Engineer.

RECOMMENDATION: 1) Establish a Capital Improvement Project for the Preserve Lift Station Expansion and Improvement Project (SW201); 2) appropriate $402,776 from the unappropriated reserves of the Sewer Capital Fund and schedule a corresponding year-end transfer in the same amount from the Preserve Sewer Development Impact Fee Fund; 3) authorize an inter-fund loan between funds 530 and 262 should there be insufficient fund balance at year-end to cover the total cost; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.


M _____ S _____ RC _____

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

13. Council Committee Assignments. Review committee assignments and appoint representatives to the Ad Hoc Housing Committee.

Report by: Mayor Ulloa.

RECOMMENDATION: Review the Committee Assignments and appoint two representatives to the Ad Hoc Housing Committee.

M _____ S _____ RC _____

Mayor Pro Tem Haughey

14. Community Support Contribution. Approve community support fund contributions to Chino Valley YMCA, Chino American Little League, and Chino National Little League.

Report by: Mayor Pro Tem Haughey.

RECOMMENDATION: Approve community support contributions in the amounts of $1,000 to Chino Valley YMCA, $250 to Chino American Little League, and $250 to Chino National Little League.

M _____ S _____ RC _____

Council Member Hargrove

Council Member Lucio

Council Member Rodriguez

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, March 17, 2020 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.


I, Angela Robles, City Clerk of the City of Chino, hereby declare that on Friday, February, 28, 2020 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.

_______________________________________

Angela Robles, City Clerk.

4.a

National Nutrition Month - March 2020 Packet Pg. 8

Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M CITY OF CHINO

FINANCE DEPARTMENT

COUNCIL MEETING DATE: MARCH 3, 2020

TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: ROB BURNS, DIRECTOR OF FINANCE SUBJECT: WARRANTS.

RECOMMENDATION

Approve expenses as audited and within budget for warrants 748077 to 748233, and Electronic Fund Transfers 510755E to 510837E, totaling $3,555,601.06.

FISCAL IMPACT

Sufficient funds have been included in the Fiscal Year 2019-20 Operating Budget.

9.1

CONSENT CALENDAR Packet Pg. 9

COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: WARRANTS PAGE 2 BACKGROUND

As prescribed by Government Code Section 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 748077 – 748080 1/28/20 19-20 $2,395.00

2. 748081 – 748232 2/6/20 19-20 $1,930,821.26

3. 748233 2/6/20 19-20 $1,310.00

4. 510755E – 510837E 2/7/20 19-20 $1,621,074.80

*Denotes handwritten warrant

E: Electronic Funds Transfer

TOTAL $3,555,601.06

ISSUES/ANALYSIS

See attached exhibit for detailed information on warrants exceeding $50,000.

RB:hm

Attachment: Exhibit 1

9.1


CITY OF CHINO

A/P WARRANT REGISTER

EXCEEDING $50,000

Check Date Check # Vendor Name/Description AmountAleshire & Wynder:

City legal services

All American Asphalt:El Prado Road reconstruction projectSan Bernardino County Associated Govts.:60/Central widening projectTranstech Engineers, Inc.:CIP On-call servicesWaste Management:Collection servicesWaste Management:Collection servicesT & T Investments:City consideration 10/1-12/31/19Fisher Scientific:City consideration 10/1-12/31/19Huitt-Zollars, Inc.:Pine Ave. connector design servicesInland Empire Utilities Agency:Reclaimable wastewaterSilver & Wright:Legal servicesSonsray Machinery:Purchase of backhoe

TOTAL 12 Checks $2,463,204.52

510824 $73,015.06

510826 $106,674.12

2/7/2020 510779 $60,790.50

510793 $56,064.48

510784 $262,527.00

510797 $654,705.94

748226 $86,731.81

748227 $336,486.72

$100,221.98

$603,078.76

748212 $52,857.50

2/6/2020 748083

748084

748189 $70,050.65

9.1.a

Warrants Packet Pg. 11

CHINO CITY COUNCIL SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

REGULAR MEETING – CITY HALL COUNCIL CHAMBERS 13220 CENTRAL AVENUE

CHINO, CA 91710

TUESDAY FEBRUARY 18, 2020

CLOSED SESSION – 6:30 PM OPEN SESSION – 7:00 PM

M I N U T E S

CALL TO ORDER

The February 18, 2020, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 6:30 pm by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL

Present: Mayor Eunice M. Ulloa, Mayor Pro Tem Tom Haughey and Council Members Mark Hargrove, Marc Lucio and Paul Rodriguez.

Absent: None.

CLOSED SESSION PUBLIC COMMENTS

There were no requests to speak.

CLOSED SESSION

City Attorney Fred Galante read into the record the items listed on the Closed Session agenda. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

1. Monte Vista Water District and City of Chino v. The Dow Chemical Company, et al., San Bernardino Superior Court Case No. CIVDS1800720 (J.C.C.P. No. 4435).

2. State of California, ex rel. OnTheGo Wireless, LLC vs. Cellco Partnership, doing business as Verizon Wireless, et al., Sacramento Superior Court Case No. 34-2012-00127517.

The City Council recessed to Closed Session at 6:31 pm. The City Council returned from Closed Session at 6:55 pm. The City Council reconvened the meeting at 7:00 pm.

FLAG SALUTE

Mayor Pro Tem Haughey led the assembly in reciting the Pledge of Allegiance.

REPORT OUT OF CLOSED SESSION

City Attorney Galante reported out of closed session as follows:

1. Monte Vista Water District and City of Chino v. The Dow Chemical Company, et al., San Bernardino Superior Court Case No. CIVDS1800720 (J.C.C.P. No. 4435). The City Council received an update, provided direction and no further reportable action was taken.

9.2


CHINO CITY COUNCIL FEBRUARY 18, 2020 2

2. State of California, ex rel. OnTheGo Wireless, LLC vs. Cellco Partnership, doing business as Verizon Wireless, et al., Sacramento Superior Court Case No. 34-2012-00127517. The City Attorney reported that action was taken in Closed Session to authorize a settlement agreement. A motion was made by Council Member Lucio, seconded by Council Member Hargrove, to approve a settlement agreement with Verizon Wireless in the amount of $56,426. Motion carried: 5-0.

INFORMATION

Mayor Ulloa announced that the January 2020 Chino Economic Development Report was included in the agenda packet. The report gives an overview of the City' s business news and information.

AGENDA ADDITIONS/REVISIONS

City Manager Matt Ballantyne reported there were no agenda additions/revisions.

PUBLIC ANNOUNCEMENTS

Mayor Ulloa invited the community to attend the San Bernardino County Chino Branch Library grand re-opening from 10 a.m. to noon on Saturday, February 22, 2020. Also, she issued a reminder about the Chino Youth Museum 10th Annual DairyAire 5K/10K and Fun Run on Saturday, March 7, 2020 at Ayala Park. Mayor Ulloa announced that the meeting will adjourn in memory of Jean Batiste (J.B.) Aguerre who passed away on February 17, 2020.

PUBLIC COMMENTS

George Sasso of Calvary Chapel Chino Hills provided the Invocation.

Melissa Compani, District Representative for 4th District County Supervisor Curt Hagman, announced that the Supervisor is hosting a shredding event in Montclair on February 29, 2020 and the County Elections Office is recruiting poll workers to help with the March 3, 2020 Presidential Primary Election.

Director Steve Eli, Inland Empire Utilities Agency, provided an update on the upgrades to Regional Plant 5 and decommission of Regional Plant 2. He offered to attend the public meeting at which the City Council will consider the Proposition 218 rate increase and be available to answer questions.

Zeb Welborn, Executive Director of the Chino Valley Chamber of Commerce, announced upcoming Chamber events and recognized Clark Kennedy owner of Management Strategic Ideas.

Mayor Ulloa invited the students from Don Lugo High School to the lectern for introductions.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants747903 to 748075, and Electronic Fund Transfers 510682E to 510754E, totaling $2,389,358.92.

2. A. Minutes. Regular Meeting of Janaury 21, 2020 (all Members present).

B. Minutes. Regular Meeting of February 4, 2020 (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 and forecast of future events and trainings.

4. Reclassification of Part-Time Position to Full-Time. Approve the reclassification of the part-time Storekeeper Aide to full-time.

5. 2019 Chino Climate Action Plan Annual Report. Receive and file the 2019 Chino Climate Action Plan Annual Report which outlines the City's progress to reduce Green House Gas emissions.

6. Contract Amendment - Webb Municipal Finance, LLP. Approve a Contract Amendment with Webb Municipal Finance, LLP for Community Facilities District Formation and Annexation Costs.

9.2



7. Caltrans Freeway Agreement and Freeway Maintenance Agreement. Approval of State Route 60 Freeway Agreement and Freeway Maintenance Agreement between the City of Chino and Caltrans.

8. Public Improvement Agreement & Development Impact Fees Credit/Reimbursement Agreement - Scannell Properties Master Site Approval PL16-0719. Approve a Public Improvement Agreement and Credit/Reimbursement Agreement with Scannell Properties for Master Site Approval PL16-0719 (located on the southwest corner of Merrill and Flight Avenues).

9. Easement Deed Parcel Map No. 19689 - Chino Kimball Industrial, LLC. Adopt Resolution No. 2020-005 accepting an easement over a private street for underground water pipelines and appurtenances for Parcel Map No. 19689 (located north of Kimball Avenue, west of Hellman Avenue, east of Flight Avenue, and south of Remington Street).

10. Final Acceptance of Public Improvements PL16-0245 Administrative Approval (American Honda Motor Co., Inc.). Final Acceptance of the Public Improvements performed by American Honda Motors at 14141 Yorba Avenue for (PL16-0245 Administrative Approval) and release of correlating securities.

11. Reimbursement to Victory Outreach La Puente- Traffic Signal Improvements. Approve an immediate reimbursement to Victory Outreach La Puente in the amount of $231,181.84 for Traffic Signal Improvements

12. Reimbursement Agreement Parcel Map 19441 - Majestic Chino Gateway, LLC. Reimbursement Agreement for Public Improvements for Parcel Map 19441 with Majestic Chino Gateway, LLC in the amount of $1,062,636.32

13. Approval of Plans, Specifications, and Authorization to Advertise Bids for Traffic Signal Modification Projects TR161 and TR171. Request approval of plans and specifications and authorization to advertise construction bids for Traffic Signal Modification Projects TR161 located at Philadelphia Street and Town Square and TR171 located at Grand Avenue and Spectrum East and West.

14. State Water Resources Control Board - Drinking Water State Revolving Fund Reimbursement and Pledged Revenues Resolutions. Adopt Resolutions No. 2020-011 and 2020-012, related to the application for financing under the Drinking Water State Revolving Fund for the East Side Water Treatment Facility Expansion Project (WA19C).

Moved by Mayor Pro Tem Haughey, seconded by Council Member Hargrove, and carried on a 5-0 roll call vote, to approve Consent Calendar items 1 through 14 as presented.

AYES: HARGROVE, HAUGHEY, LUCIO, RODRIGUEZ, ULLOA.

NOES: NONE.

ABSENT: NONE.

PUBLIC HEARING

15. Eastside Water Treatment Plant Expansion and Brine Pipeline Project (WA19C) Initial Study/Mitigated Negative Declaration. Approve Resolution No. 2020-010, adopting a Mitigated Negative Declaration for the Eastside Water Treatment Facility Expansion and Brine Pipeline Project (WA19C).

Mayor Ulloa opened the public hearing.

Staff Report by: Amanda Coker, Principal Engineer.

Georgean Riley owner of the property located at the southwest corner of Bon View Avenue and Eucalyptus Avenue, asked about the project start date and plans to remove the trees along Bon View Avenue. Also, she asked which agency would ultimately determine if the trees are to be removed.

Responding to Ms. Riley, Ms. Coker explained that the Water Treatment Plant is located in the City of Ontario. Additionally, the trees are located within the ultimate right-of-way in the City of Ontario and will eventually be removed. City of Chino staff is working in collaboration with the City of Ontario staff to prepare an arborist report that is anticipated to be completed in a few weeks. Once complete the arborist report will provide the recommended mitigation measures. The project is anticipated to begin April 2021.

9.2



There being no one else present to address the City Council on this item, the public hearing was closed.

Moved by Mayor Pro Tem Haughey, seconded by Council Member Lucio, and carried on a 5-0 roll call vote, to 1) conduct a public hearing; and 2) adopt Resolution No. 2020-010, adopting a Mitigated Negative Declaration for the Eastside Water Treatment Facility Expansion and Brine Pipeline Project (WA19C).


NOES: NONE.

ABSENT: NONE.

16. Introduction of Ordinance No. 2020-002 Amending Chapter 5.04 (Licenses Generally) And Replacing Chapter 5.28 (Peddlers and Solicitors) to the Chino Municipal Code regulating sidewalk vending. Approve the introduction of Ordinance No. 2020-002, amending, revising, or adding Chapters 5.04 and 5.28 of the Chino Municipal Code pertaining to sidewalk vendors in accordance of Senate Bill 946 requirements.



Mayor Ulloa opened the public hearing.

Staff Report by: Michael Heroux, Deputy Director of Development Services.

There was discussion regarding provisions of the Chino Municipal Code Chapter 5.04 on the qualifications for an exemption of a license in general. In response to Council’s question, City Attorney Galante stated there are no recent court challenges against cities that have adopted a similar ordinance pertaining to sidewalk vendors.

Alexis Sandoval asked for clarification and reason for the proposed ordinance.

Mr. Heroux explained that the proposed ordinance pertains to sidewalk vendors and would amend the Municipal Code to comply changes in state law specifically requirements of Senate Bill 946.

There being no one present to address the City Council on this item, the public hearing was closed.

City Attorney Fred Galante read the title of the ordinance into the record.

Moved by Council Member Hargrove, seconded by Council Member Lucio, and carried on a 5-0 roll call vote, to 1) conduct a public hearing; 2) approve the introduction of Ordinance No. 2020-002 that will amend, revise or add Chapters 5.04 and 5.28 to the City’s Municipal Code regulating sidewalk vending in accordance with the requirements of Senate Bill 946, to be read by number and title only, and waive further reading of the Ordinance.


NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

17. Approval of Bond Documents for Special Tax Bonds for Community Facilities District No. 2016-1. Adopt Resolution No. 2020-008 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2016-1 of the City of Chino (the “District”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, Market Absorption Study, and Appraisal Report (collectively, the “Bond Documents”).

9.2



Staff Report by: Rob Burns, Director of Finance.

Moved by Council Member Hargrove, seconded by Council Member Lucio, and carried on a 5-0 roll call vote, to adopt Resolution No. 2020-008 of the City Council of the City of Chino, acting as the legislative body for Community Facilities District No. 2016-1 of the City of Chino (the “District”), approving the issuance of the bonds and the substantially final forms of the Preliminary Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, Continuing Disclosure Agreement, Market Absorption Study, and Appraisal Report (collectively, the “Bond Documents”).


NOES: NONE.

ABSENT: NONE.

MAYOR AND COUNCIL REPORTS

Mayor Ulloa

Mayor Ulloa reported on meetings and events attended since the last meeting, which included the Inland Empire Utilities Agency Sewage Policy Committee; Senior Birthday at the Chino Senior Center; Parks and Facilities Master Plan Community Workshop; Student Government Day at the City of Chino; and Chino Basin Watermaster Appropriative Pool meeting.

In response to the Mayor’s request, Director of Community Services Linda Reich reported that the City held two community workshops to obtain public input on the Parks and Facilities Master Plan. This is the beginning of a year long process that will provide opportunities for the public to provide input including a dedicated website and online survey.

Mayor Pro Tem Haughey

Mayor Pro Tem Haughey reported on meetings and events attended since the last meeting, which included State of County – San Bernardino County; Chino Desalter Authority Board meeting; Chino Valley Fire District Promotion Ceremony; Chaffey College meeting; Student Government Day at Chino City Hall; and Kiwanis production of Last Round-Up of the Guacamole Queens at the 7th Street Theater.

Council Member Hargrove

Council Member Hargrove reported on meetings and events attended since the last meeting, which included a meeting with residents regarding aircraft noise; Measure G Citizens Oversight Committee; CIM CIW Citizens Advisory Committee; Parks and Facilities Master Plan Community Workshop; Chino Valley Fire District Promotion Ceremony; and Student Government Day at Chino City Hall. He commended the Chino Police Department for their truck route enforcement efforts and prompt resolution of crimes.

Council Member Lucio

Council Member Lucio reported on having attended the Parks and Facilities Master Plan Community Workshop. He commended the Chino Police Department for receiving training on the use of Narcan to treat opioid overdose. He recognized the Chino High School Wrestlers who wrestled in CIF and qualified for Masters. He congratulated Chino High School Wrestling Team Coach Alex Angulo.

Council Member Rodriguez

Council Member Rodriguez reported on meetings and events attended since the last meeting, which included the State of County – San Bernardino County; Southern California Association of Governments meeting regarding housing and development of the gold line; Senior Birthdays at the Chino Senior Center; and Boy Scout Troop 207 Leadership Badge Training.

9.2



18. Community Support Contribution. Approve community support fund contributions to Chino Valley D.E.S. Portuguese Club, Boy Scout Troop 207, and House of Ruth.

Report by: Council Member Rodriguez.

Moved by Mayor Pro Tem Haughey, seconded by Council Member Lucio, and carried on a 5-0 roll call vote, to approve community support contributions in the amounts of $1,000 to Chino Valley D.E.S. Portuguese Club, $600 to Boy Scout Troop 207, and $500 to House of Ruth.


NOES: NONE.

ABSENT: NONE.

City Manager's Report

City Manager Matt Ballantyne had no report.

City Attorney's Report

City Attorney Fred Galante had no report.

Police Chief's Report

Chief of Police Wes Simmons reported that the Chino Police Department is one of two agencies in the County of San Bernardino trained in the use of appropriate administration of Narcan. Narcan is a medication used for the treatment of an opioid overdose.

Fire Chief's Report

Deputy Chief Nathan Cooke, recently hired by the Chino Valley Fire District, introduced himself to the City Council and Chino community.

ADJOURN

The meeting adjourned at 8:15 pm in Memory of Jean Batiste (J.B.) Aguerre. The next Regular Meeting of the City Council will be held on Tuesday, March 3, 2020 at 7:00 p.m. (Closed Session at 6:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 3rd DAY OF MARCH, 2020.

EUNICE M. ULLOA, MAYOR

ATTEST:

ANGELA ROBLES, CITY CLERK

**************************************************

(These minutes are not official until signed.)

9.2


Revenue: Expenditure: 1002000-43320



ADMINISTRATION DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: ANGELA ROBLES, CITY CLERK SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING,

AND MEETINGS.

RECOMMENDATION

Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

FISCAL IMPACT

Funding is available in the adopted Fiscal Year 2019-20 Budget.

9.3


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS PAGE 2 BACKGROUND

In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill 1234 (AB 1234), on January 1, 2006, the City adopted Resolution No. 2005-093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS

In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Additionally, to provide the public with an event forecast, Exhibit A also includes a list of future events/trainings that Members of the Council may attend.

Attachment: Exhibit A

9.3


ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS

MARCH 3, 2020 EXHIBIT A

Event Date Meeting Purpose and Subject Matter City Official Attendees

2/25/2020 Chaffey College – Report to the

Community Luncheon

Mayor Ulloa

Future Conference, Meeting, and Training events Council Member(s) may attend

Event Date Meeting Purpose and Subject

Matter

Location

City Officials that may

attend

None

9.3.a

Elected Officials' Report Regarding Travel, Training, and Packet Pg. 20




FINANCE DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: ROB BURNS, DIRECTOR OF FINANCE SUBJECT: COMPREHENSIVE ANNUAL FINANCIAL REPORT.

RECOMMENDATION

Receive and file the City of Chino’s Comprehensive Annual Financial Report for Fiscal Year 2018-19.

FISCAL IMPACT

No impact to the City.

9.4


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: COMPREHENSIVE ANNUAL FINANCIAL REPORT PAGE 2 BACKGROUND

The Comprehensive Annual Financial Report (CAFR) of the City of Chino, California, for the period ending June 30, 2019, has been prepared by the Finance Department and is now available for review. The report was prepared in accordance with the guidelines set forth by the Governmental Accounting Standards Board (GASB). White, Nelson, Diehl, Evans, LLP conducted the City’s independent audit in accordance with generally accepted auditing standards. This year’s financial report received an unqualified, or “clean,” opinion.

ISSUES/ANALYSIS

The City’s CAFR presents the overall financial position of the City. This enables readers of the financial statements to evaluate the overall financial progress of the City and the costs of the service levels provided to its citizens. The City’s overall financial position includes not only revenues and expenditures, but also Capital Assets (such as land, buildings, and infrastructure), as well as outstanding liabilities (such as Long-Term Debt). Additionally, the City’s financial statements include financial information relating to agreements between the City and third-party entities for services such as quality potable water, sewage treatment, Workers’ Compensation, and General Liability coverage.

The original adopted budget identified a General Fund operating surplus of $248,089 for the year. In addition, the City identified one-time capital expenditures of $7.9 million, and $.9 million in continuing appropriations, resulting in a decrease in the General Fund reserves of $9.1 million.

For Fiscal Year 2018-19, the net change in fund balance for the General Fund was a surplus of $5.5 million. An analysis of the fiscal year ending results shows that the largest change from the adopted budget ($9.4 million) was a reduction in Transfers Out to other funds. The majority of this reduction ($8.6 million) was for one-time capital expenditures categorized as transfers out. This was due primarily to budgeted transportation projects that did not occur as anticipated and that were subsequently included in the Fiscal Year 2019-20 budget. Additionally, General Fund tax revenue exceeded the budget by $6.5 million or 11.4%. Sales taxes were up $4.4 million due to one-time use tax receipts. Property taxes were up $1.9 million from larger than expected RDA Elimination revenues. Charges for Services was under budget by $2.6 million as developers paid fees prior to scheduled increases on July 1, 2018.

On the expenditure side, all departments closely monitored their spending which resulted in total General Fund expenditures being under budget by $3.7 million or 3.37% from the adopted budget. Therefore, the Fiscal Year Ending General Fund reserves are now $61.4 million for Fiscal Year 2018-19.

9.4


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: COMPREHENSIVE ANNUAL FINANCIAL REPORT PAGE 3

The City of Chino has again applied for the Government Finance Officers Association (GFOA) of the United States and Canada, and the California Society of Municipal Finance Officers (CSMFO) Awards for “Outstanding Financial Reporting.” These Certificates of Achievement are the highest form of recognition for excellence in state and local government financial reporting. To be awarded a Certificate of Achievement, the government unit must publish a readable, efficient, and organized Comprehensive Annual Financial Report; the contents of which conform to specific standards of the certificate program.

A copy of the Fiscal Year 2018-19 CAFR is available in the Finance Department as well as the City of Chino website at:

http://cityofchino.hosted.civiclive.com/city_hall/departments/finance/cafr.

RB:hm

9.4


http://cityofchino.hosted.civiclive.com/city_hall/departments/finance/cafr

Revenue: Expenditure: 6102050-48045/40010-MS204 / 1304000-40005-G4904



HUMAN RESOURCES DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: ANTHONY ARROYO, DIRECTOR OF HUMAN RESOURCES/RISK

MANAGEMENT SUBJECT: APPROVAL OF A CONTRACT AMENDMENT WITH TYLER TECHNOLOGIES.

RECOMMENDATION

1) Appropriate $93,550 from the unappropriated reserves of the Central Services Fund to project MS204/Approve a transfer of $53,950 from COPS Grant funds; 2) approve a contract amendment in an amount not to exceed $93,550 with Tyler Technologies to purchase a software license for ExecuTime Time and Attendance and Advanced Scheduling; 3) establish project number MS204 ExecuTime Project; 4) approve an increase in the vendor cap to Tyler Technologies by $93,550 for a total of $333,550; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT

Requires an additional appropriation from the unappropriated reserves of the Central Services Fund to project MS204 ExecuTime Project. There is sufficient Central Services fund balance for this transaction. License fees in the amount of $53,950 will be paid using COPS Grant funds.

9.5


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: APPROVAL OF A CONTRACT AMENDMENT WITH TYLER TECHNOLOGIES PAGE 2 BACKGROUND

Salary and benefits are the largest recurring expense in the City. The scheduling of employees’ work hours, tracking of overtime, and the processing of leave requests is time consuming. The cost of an error in processing payroll and/or benefits may be significant in time as well as in dollars.

The City’s current time and attendance system was implemented with the goal of eventually having a paperless system. The plan was that all employees would be able to enter their hours worked each day as well as request time off with a supervisor electronically approving this time. However, due to limitations that were out of the City’s control, a paperless system has not yet been realized. When the current time and attendance module was implemented, it was the best time and attendance product offered at that time.

One of the biggest limitations is the inability for an employees’ time worked or time off requested to be approved by more than one (1) supervisor. This is especially difficult in the Police and Community Services departments whose hours of operation span more than the normal 9 to 5 working day.

Another limitation is the inability to quickly and easily enter time worked. The process of entering daily time is cumbersome for larger departments. Additionally, this makes entering time for positions who do not have an assigned desk and computer, such as Public Works staff, difficult and impractical.

Due to these limitations, certain staff continue to prepare paper timesheets, overtime requests, and time off requests. This time must be manually entered into the payroll system for these employees to be properly paid each pay period.

ISSUES/ANALYSIS

Staff has searched for a product that will provide a more robust time and attendance solution and has found ExecuTime meets these needs. This product will integrate with our existing payroll system and provide “real-time data.”

ExecuTime would eliminate the need for a secondary hardcopy of payroll documentation; this includes timesheets, time off requests, and overtime slips. The software is designed for employees to track and enter their data. The accessibility within the software promotes employee responsibility and accountability. Once data is entered by the employee, that data is forwarded to a supervisor(s) for approval. The software allows for multiple supervisors/approvers which is needed when there is more than one supervisor per shift. A single approver is not feasible with a multishift, or alternative workday.

One of the features of this software program is the ability to create complex working schedules. This is especially helpful for the Police department that runs a 24-hour operation. Currently, the scheduling for the 24-hour operation of the Police department is done on paper and takes approximately 30 hours for two Lieutenants or 60 hours of time to create each six-month

9.5


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: APPROVAL OF A CONTRACT AMENDMENT WITH TYLER TECHNOLOGIES PAGE 3 schedule. This software would automate this process. The schedules could be built upon implementation and then re-used and updated as needed, saving many hours of staff time.

Employees may use any device that has internet access to log into their profile in ExecuTime. This will allow employees to view their data, use the timeclock feature, and request time off. Physical time clocks may be strategically placed so that employees may “clock in” by swiping their employee identification card as they walk into their workplace. All data is viewed in “real-time.” That is, if a change is made in the Munis Payroll module, the employee will see the updated information as soon as Payroll staff posts the data.

The administrative functionality of this product allows the generation of a multitude of reports, including overtime reports, while maintaining the accountability of those approving timekeeping data. From a logistical standpoint, ExecuTime will greatly benefit the City of Chino while efficiently and effectively meeting the expectations of Payroll and Finance.

The initial, one-time cost components of ExecuTime are as follows:

License fee $53,950.00

Project planning fee $6,000.00

Implementation/Training fee $33,600.00

Subtotal One-Time Fees $93,550

The $15,814 in first year maintenance fees have been waived and would not be due until one year from implementation.

Normally staff would request a new software program during the budget process, however, the implementation timetable is 6-9 months and staff would like to implement this program prior to the next shift change in the Police Department, which is September. In order to accomplish this goal, staff needs approval for the software so that a commitment may be obtained by the vendor.

Staff also received quotes from Kronos Workforce product. While this product has much of the same functionality as ExecuTime, data would not be viewed in “real-time.” This product only “talks” to our existing Munis software through upload files. The initial layout for this product would be $5,000 for software configuration, an additional, unknown cost for setup of the Police Department payroll component (Telestaff), and an annual price per employee. With our current staffing levels, this equates to $39,058 per year. This cost would increase with any additional employees added to staff.

Staff also spoke with representatives from InTime Scheduling Software. This company may be able to accommodate the entire City however, this software is designed mainly for Police Departments. Data would not be viewed in “real-time.” This product only “talks” to our existing Munis software through upload files. We were unable to receive an exact quote but were given an annual estimated cost of $40,000.

9.5


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: APPROVAL OF A CONTRACT AMENDMENT WITH TYLER TECHNOLOGIES PAGE 4 See table below for a summary of costs for each of the Software solutions Staff spoke to:

Company Year 1 Cost Annual Cost

ExecuTime $93,550 $15,814

Kronos $45,000 (estimate) $39,058

InTime $136,775 $21,100

With proper implementation and training, the ExecuTime product will be able to provide all City staff with a time and attendance solution that will enable the City to truly become paperless for payroll processing. City staff has seen a demonstration of this product and it will meet the needs of staff.

Therefore, staff recommends approving a contract amendment with Tyler Technologies as well as increasing the vendor cap to $333,550. An appropriation of $93,550 is required as the expenditures were not included in the Proposed Fiscal Year 2019-20 Budgeted Appropriations.

Attachment: Tyler Technologies Amendment

9.5


Project Name/No.: Tyler Software and Related Services Contract No.: 2008-032A7

Project Manager: Ryan Shumway Approved: ______________

AMENDMENT NO. 7

TO AGREEMENT FOR SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by

and between the CITY OF CHINO, a California municipal corporation (“City”) and TYLER

TECHNOLOGIES, INC., with offices at 370 U.S. Route 1, Falmouth, Maine 04105 (“Tyler”) is

effective as of the 3rd day of March, 2020.

RECITALS

A. City and Tyler entered into that certain Agreement for Contractual Services dated

March 8, 2008 (“Agreement”) whereby Tyler agreed to provide software licenses, professional

services, maintenance, and other services.

B. City and Tyler now desire to amend the Agreement to add additional Tyler Software

and Related Services in accordance with the attached Quote Number: 2019-93410-2, dated

February 6, 2020.

TERMS

1. Contract Changes. The Agreement is amended as provided herein.

a. To add Tyler Software and Related Services for Human Capital Management

“ExecuTime” and additional services in accordance with the attached Quote

Number: 2019-93410-2, dated 2/6/2020. For a total one-time fee of Ninety-

Three Thousand, Five Hundred and Fifty Dollars ($93,550.00).

2. Continuing Effect of Agreement. Except as amended by this Agreement, all

provisions of the Agreement shall remain unchanged and in full force and effect. From and after

the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall

mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Tyler

each ratify and reaffirm each and every one of the respective rights and obligations arising under

the Agreement. Each party represents and warrants to the other that there have been no written or

oral modifications to the Agreement other than as provided herein. Each party represents and

warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Tyler represents and warrants to City that, as of the date of this Amendment, City is not in

default of any material term of the Agreement and that there have been no events that, with the

passing of time or the giving of notice, or both, would constitute a material default under the

Agreement.

City represents and warrants to Tyler that, as of the date of this Amendment, Tyler is not

in default of any material term of the Agreement and that there have been no events that, with the

9.5.a

Approval of a Contract Amendment - Tyler ExecuTime Packet Pg. 28

- 2 -

01225.0001/458787.1

passing of time or the giving of notice, or both, would constitute a material default under the

Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that

they have each received adequate and independent consideration for the performance of the

obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Agreement on behalf of the parties hereto

warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute

and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party

is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement

does not violate any provision of any other Agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

9.5.a


- 3 -

01225.0001/458787.1

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date

and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Matt Ballantyne, City Manager

ATTEST:

Angela Robles, City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP

_____________________________ _____________________________

Fred Galante, City Attorney Anthony Arroyo, Department Director

TYLER TECHNOLOGIES, INC.:

________________________________

By:

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Tyler is a corporation, with one signature required from each

of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any

Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. TYLER’S SIGNATURES SHALL BE

DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR

REGULATIONS APPLICABLE TO TYLER’S BUSINESS ENTITY.

9.5.a


01225.0001/458787.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the

basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and

acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by

his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,

executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true

and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could

prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER_______________________________

______________________________________

SIGNER IS REPRESENTING:

(NAME OF PERSON(S) OR ENTITY(IES))

_____________________________________________

_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT

___________________________________

NUMBER OF PAGES

___________________________________

DATE OF DOCUMENT

___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the

document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

9.5.a


01225.0001/458787.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

On __________, 2020 before me, ________________, personally appeared ________________, proved to me on the

basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and

acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by

his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,

executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true

and correct.


Signature: _____________________________________

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could

prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER_______________________________

______________________________________

SIGNER IS REPRESENTING:

(NAME OF PERSON(S) OR ENTITY(IES))

_____________________________________________

_____________________________________________

___________________________________

TITLE OR TYPE OF DOCUMENT

___________________________________

NUMBER OF PAGES

___________________________________

DATE OF DOCUMENT

___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the

document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

9.5.a


9.5.b


9.5.b


9.5.b


9.5.b


9.5.b





FINANCE DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: ROB BURNS, DIRECTOR OF FINANCE SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT

NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES.

RECOMMENDATION

Adopt Resolution No. 2020-013, declaring the City of Chino’s intention to annex Territory to Improvement Area 5 of Community Facilities District No. 2003-3 for municipal services.

FISCAL IMPACT

Annexation of these properties will add an additional $89,000, of Special Taxes annually, to be levied within Improvement Area 5 (IA 5) of Community Facilities District No. 2003-3 (CFD 2003-3) to be used for certain municipal services described in the Resolution of Formation for CFD No. 2003-3.

9.6


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES PAGE 2 BACKGROUND

The City’s General Plan requires the City to ensure that new development within the City has a fiscally neutral effect on the General Fund. That principal has been applied to all new developments in The Preserve.

The City formed CFD 2003-3 in The Preserve to pay for certain public facilities and necessary ongoing municipal services authorized by the Mello-Roos Act and the formation documents with respect to CFD 2003-3. In addition, the City formed IA 5 of CFD 2003-3 for the purposes of levying special taxes exclusively for payment of municipal services and administrative expenses for IA 5 (Note: No public facilities are authorized to be financed through IA 5 and no CFD bonds will be issued payable by IA 5 Special Taxes). The Rate and Method of Apportionment (RMA) for IA 5 includes the Special Tax rates for residential and non-residential properties. Authorized municipal services payable from IA 5 Special Taxes include maintenance of parkways, operation of storm drainage systems, and public safety services.

ISSUES/ANALYSIS

Several properties owned and leased by SRG Commercial are now ready to be annexed into IA 5. These properties include the industrial properties located north of Kimball between Flight and Hellman. These properties have been conditioned to annex into IA 5 and as such have submitted applications to proceed with the annexations. The annexation of these properties will provide funding for necessary municipal services provided to the properties.

The Mello-Roos Act requires the City to adopt a Resolution of Intention to consider annexation of property into the District. The City must also set a public hearing date for no less than 30 days, and no more than 60 days after the date the Resolution of Intention is approved. Prior to the public hearing, a public notice must be published in a local paper at least seven days prior to the public hearing. Additionally, the full notice must be mailed to the property owners prior to the election. After the public hearing has been held, assuming the City Council determines to proceed with the annexation process, an election will be held for the property owners within the territory proposed to be annexed. As there are fewer than 12 registered voters within the territory proposed to be annexed, the election will be a landowner election with each landowner receiving one vote for each acre or fraction thereof owned. Such property owners will cast their ballots which will be counted by the City Clerk, and if the annexation is approved by the property owner(s), the City Council will adopt a resolution declaring the results of the special election and ordering annexation of proposed property to IA 5 of CFD 2003-3 and the recordation of a Notice of Special Tax Lien on such annexed property.

On April 7, 2020, a public hearing will be scheduled to consider the proposed annexation and to hear any property owners or interested parties who wish to speak to the City Council on the proposed annexation. The annexation into Improvement Area 5 of CFD 2003-3 shall be subject to approval of the qualified electors within the territory proposed to be annexed into Improvement Area 5 of CFD 2003-3 at a special election. The proposed voting procedure shall be by special mail delivered ballots to the landowners in the proposed annexed area of Improvement Area 5 of CFD 2003-3.

9.6


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-3 IMPROVEMENT AREA 5 FOR MUNICIPAL SERVICES PAGE 3 Upon adoption of Resolution No. 2020-013, ballots and a waiver form will be prepared and sent to the property owners. The waiver form allows the property owners to waive the standard 90-day waiting period between the calling of the special election and the actual election, along with certain other procedures. Each property owner has agreed to sign the waiver to ensure the election occurs on an expedited basis.

RB/hm

Attachment: Resolution No. 2020-013 (Exhibits A, B, and C) Annexation Map No. 6

9.6


1

RESOLUTION NO. 2020-013

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY TO IMPROVEMENT AREA 5 OF COMMUNITY FACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO AND ADOPTING MAP OF AREAS PROPOSED TO BE ANNEXED THERETO (ANNEXATION NO. 6)

WHEREAS, on May 6, 2008, the City Council of the City of Chino (the “City Council”) adopted Resolution No. 2008-21 (the “Resolution of Formation”) to form Improvement Area No. 5 (“Improvement Area 5”) of Community Facilities District No. 2003-3 of the City of Chino (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and the Community Facilities District has been established for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City of Chino (the “City”) as a result of the development of said real property; and

WHEREAS, in March 2013, the City annexed certain territory to Improvement Area 5 (“Annexation No. 1”), in January 2019, the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 2”), on May 22, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 3”), on July 2, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 4”) and on December 3, 2019 the City annexed certain additional territory to Improvement Area 5 (“Annexation No. 5”); and

WHEREAS, the City has received a petition from Chino Kimball Industrial, LLC, a Delaware limited liability company (the “Owner”), the owner and developer of the territory described in Exhibit A attached hereto (the “Proposed Annexation Area”), requesting that such property be annexed to Improvement Area 5 of the Community Facilities District, and agreeing to the annual levy of special taxes on such property sufficient to pay the costs of such services and costs incidental thereto; and

WHEREAS, the City Council, acting as the legislative body of the Community Facilities District, is authorized by Article 3.5 of the Act to annex territory to Improvement Area 5 of the Community Facilities District by complying with the procedures set forth in said Article 3.5 of the Act;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CHINO AS FOLLOWS:

Section 1. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 of the Act for the annexation to Improvement Area 5 of the Community Facilities District of the Proposed Annexation Area. The City Council determines that the public convenience and necessity require that such Proposed Annexation Area be annexed to Improvement Area 5 of the Community Facilities District.

Section 2. Name of the Community Facilities District. The name of the existing Community Facilities District is Improvement Area 5 of Community Facilities District No. 2003-3 of the City of Chino, County of San Bernardino, State of California.

9.6.a

Annexation of Territory into Community Facilities District Packet Pg. 41

2

Section 3. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the Community Facilities District is described on the Fourth Amended Map of the Community Facilities District recorded on December 3, 2013 in Book 86 of Maps of Assessment and Community Facilities Districts, pages 1-7, and as Instrument No. 2013-0519677 of the official records of the County of San Bernardino. The Proposed Annexation Area proposed to be annexed to Improvement Area 5 of the Community Facilities District is described in Exhibit A attached hereto and by this reference made a part hereof. Such Proposed Annexation Area is also shown and described on the map thereof entitled “Annexation Map No. 6, Community Facilities District No. 2003-3 Improvement Area 5 of City of Chino, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 4. Types of Services; Incidental Expenses; Plan for Providing Services. The services to be provided and financed by Improvement Area 5 of the Community Facilities District (the “Services”) consist of services permitted under the Act and described in Exhibit A to Resolution No. 2008-021 of the City Council adopted on May 6, 2008 (the “Resolution of Formation”), including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services, within or for the benefit of Improvement Area 5 of the Community Facilities District. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area for the benefit of all owners of property and residents of Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area, and any other territory annexed thereto. All owners of taxable parcels of property within Improvement Area 5 of the Community Facilities District and the Proposed Annexation Area shall pay special taxes at the same rate to finance the annual cost of providing such services in accordance with the Rate and Method of Apportionment attached hereto as Exhibit C.

Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 4 above and the annual administrative expenses of Improvement Area 5 of the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the Proposed Annexation Area. Pursuant to Section 53340 of the Act, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit C attached hereto and by this reference made a part hereof. The rate of special tax to be levied on property within the Proposed Annexation Area in any fiscal year to pay the cost of the services described in Section 4 above shall be equal to the rate of special tax which will be levied on all other property within Improvement Area 5 of the Community Facilities District to pay the cost of such services in such fiscal year.

Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the California Streets and Highways Code, the City Council adopts the Annexation Map as the map of the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District. Pursuant to Section 3111 of said Code, the Clerk of the City (the “City Clerk”) shall file the original of the

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3

Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the public hearing specified in Section 8 below.

Section 7. Hearing. A public hearing on the Proposed Annexation Area to Improvement Area 5 of the Community Facilities District shall be held at 7:00 p.m. on April 7, 2020 in the Council Chambers of the City Council of the City of Chino, 13220 Central Avenue, Chino, California.

Section 8. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of the Act. Said notice shall (i) be published in a newspaper of general circulation within the City at least seven (7) days prior to the date fixed for the public hearing, (ii) be mailed by first-class to the landowner within the Proposed Annexation Area, and (iii) contain the information required by Section 53339.4 of the Act.

Section 9. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the Proposed Annexation Area to pay for the Services thereof shall be as follows:

1. If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the Proposed Annexation Area, the election shall be conducted by the Registrar of Voters of the County of San Bernardino and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 of the Act the ballots for the election shall be distributed to the qualified electors of the Proposed Annexation Area by mail with return postage prepaid and the election shall be conducted as a mail ballot election.

2. If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the Proposed Annexation Area, and pursuant to Section 53326 of the Act, the vote is therefore to be by the landowner of the Proposed Annexation Area, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:

(a) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 of the Act which may be selected by the City Council, or such earlier date as the Owner of land within the Proposed Annexation Area and the City Clerk agree and concur is acceptable.

(b) Pursuant to Section 53326 of the Act, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors within the Proposed Annexation Area waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.

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(c) Pursuant to Section 53326 of the Act, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.

(d) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9314 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9315 to 9317, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution and the exhibits hereto; provided, however, that if the vote in the election is to be by the landowner of the Proposed Annexation Area, such statement, analysis and arguments may be waived with the unanimous consent of all the landowner and shall be so stated in the resolution adopted by the City Council calling the election.

(e) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the Proposed Annexation Area.

(f) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, the date of signing and place of execution of said declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.

(g) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5 o’clock p.m. on the date of the election; provided that the election shall be closed before such hour if the Clerk determines that all qualified voters have voted.

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(h) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

PASSED AND ADOPTED by the City Council at a regular meeting held on the 3rd day of March 2020.

CITY COUNCIL OF THE CITY OF CHINO:

By:_____________________________________ Eunice M. Ulloa, Mayor of the City of Chino

ATTEST:

________________________________ Angela Robles City Clerk of the City of Chino

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6

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )ss.

CITY OF CHINO )

I, ANGELA ROBLES, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 3rd day of March 2020, by the following votes:

AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ANGELA ROBLES, CITY CLERK Attachments: Exhibits A, B and C

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A-1

EXHIBIT A

DESCRIPTION OF THE PROPOSED ANNEXATION AREA

The property in the City of Chino, County of San Bernardino, California, identified by the San Bernardino County Assessor as Assessor’s Parcel Nos.:

APN NUMBERS APPROXIMATE

ACREAGE

1055-111-03 8.5 1055-111-04 8.0 1055-091-06 15.1 1055-121-06 2.5 1055-121-07 2.4 1055-121-08 2.5 1055-101-05 6.4 1055-091-07 5.5 Total Phase I 50.6

1055-121-20 1.2 1055-121-21 0.9 1055-121-22 1.0 1055-121-13 0.6 1055-121-14 0.6 1055-121-23 1.2 1055-121-24 0.6 1055-101-06 0.6 1055-101-14 0.9 1055-101-15 1.0 1055-091-12 1.1 1055-091-13 0.9 Total Phase II 10.5

TOTAL: 61.2

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B-1

EXHIBIT B

DESCRIPTION OF PUBLIC FACILITIES AND SERVICES

TYPES OF PUBLIC FACILITIES

No Public Facilities are proposed to be funded by Improvement Area 5 of Community Facilities District No. 2003-3.

TYPES OF SERVICES

The types of Services that are proposed to be provided by Improvement Area 5 of Community Facilities District No. 2003-3 and funded with the proceeds of special taxes levied by Improvement Area 5 of Community Facilities District No. 2003-3 consist of services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of Improvement Area 5 of Community Facilities District No. 2003-3, and any territory annexed thereto.

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C-1

EXHIBIT C

RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003-3

OF THE CITY OF CHINO (Improvement Area No. 5)

The following sets forth the Rate and Method of Apportionment for the levy and collection of Annual Special Tax A in Improvement Area No. 5 of the City of Chino (“City”) Community Facilities District No. 2003-3 (“CFD No. 2003-3”). An Annual Special Tax A shall be levied on and collected in Improvement Area No. 5 of CFD No. 2003-3 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within Improvement Area No. 5, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

SECTION A

DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer.

“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.

“Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax A Requirement which are incurred by the City on behalf of Improvement Area No. 5 related to the determination of the amount of the levy of Special Tax A, the collection of Special Tax A including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of Improvement Area No. 5, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2003-3 relating to Improvement Area No. 5.

“Annual Special Tax A” means the Special Tax A actually levied in any Fiscal Year on any Assessor’s Parcel.

“Apartment Property” means all Assessor’s Parcels of Residential Property on which one or more Apartment Units are constructed. In cases where an Apartment Unit has been included in its own Assessor’s Parcel through the recordation of a condominium map or similar instrument that creates individual lots for which building permits may be issued without further subdivision, each Assessor’s Parcel associated with an individual lot created will be classified as Apartment Property and taxed accordingly, unless a Builder Notice has been filed with the City, in which case, each Assessor’s Parcel associated with an individual lot created will be classified as Single Family Property and taxed accordingly.

“Apartment Unit” means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management.

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C-2

“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied.

“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number within the boundaries of Improvement Area No. 5.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County for purposes of identification.

“Builder Notice” means a certified written notice to the Finance Director of the City filed by the owner of the Assessor’s Parcels within a Final Map at or prior to the time the Final Map is recorded stating that residential uses, other than Apartment Units, are planned to be constructed within such Final Map area.

“Building Square Footage” or “BSF” means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor’s Parcel and subject to verification by City Staff.

“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD No. 2003-3” means Community Facilities District No. 2003-3 established by the City under the Act.

“City Council” means the City Council of the City of Chino, acting as the Legislative Body of CFD No. 2003-3, or its designee.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to March 1st preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) a building permit was issued on or before March 1st preceding the Fiscal Year in which the Special Tax A is being levied.

“Exempt Property” means all Assessor’s Parcels designated as being exempt from Special Tax A as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means the period commencing July 1 of any year and ending the following June 30.

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“Improvement Area No. 5” means Improvement Area No. 5 of CFD No. 2003-3, as identified on the third amended boundary map for CFD No. 2003-3.

“Maximum Special Tax A” means the Maximum Special Tax A, determined in accordance with Section C that can be levied by CFD No. 2003-3 within in any Fiscal Year on any Assessor’s Parcel.

“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for any type of non-residential use.

“Proportionately,” in the case of Special Tax A, means that the ratio of the Annual Special Tax A levy to the applicable Maximum Special Tax A is equal for all applicable Assessor’s Parcels.

“Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.

“Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, maintenance of parks, parkways and open space; flood and storm protection services; the operation of storm drainage systems; and public safety services. All of the services financed must be provided within the boundaries of or for the benefit of CFD No. 2003-3.

“Single Family Property” means all Assessor’s Parcels of Residential Property other than Apartment Property.

“Single Family Unit” means a dwelling unit other than an Apartment Unit.

“Special Tax A” means any of the special taxes authorized to be levied within CFD No. 2003-3 pursuant to the Act to fund the Special Tax A Requirement.

“Special Tax A Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2003-3 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.

“Taxable Property” means all Assessor’s Parcels within Improvement Area No. 5, which are not Exempt Property.

“Undeveloped Property” means all Assessor’s Parcels of Taxable Property which are not Developed Property or Approved Property.

SECTION B

CLASSIFICATION OF ASSESSOR’S PARCELS

Each Fiscal Year, beginning with Fiscal Year 2008-09, each Assessor’s Parcel within Improvement Area No. 5 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, or Undeveloped Property. In addition, each Assessor’s Parcel of Developed Property shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor’s Parcel of Residential Property shall further be classified as Single Family

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Property or Apartment Property, and the Building Square Footage of each Single Family Unit or Apartment Unit within each such Assessor’s Parcel shall be determined.

SECTION C

MAXIMUM SPECIAL TAX A

1. Developed Property

Maximum Special Tax A

The Maximum Special Tax A for each Assessor’s Parcel of Developed Property for each Land Use Type is shown below in Table 1.

TABLE 1

Maximum Special Tax A for Developed Property

Land Use Type Building Square Footage Rate

Single Family Unit Less than 1,050 $223 per Unit

Single Family Unit 1,050– 1,199 $242 per Unit

Single Family Unit 1,200 – 1,349 $261 per Unit

















Single Family Unit 3,750 or Greater $603 per Unit

Apartment Unit Less than 850 $108 per Unit

Apartment Unit 850-1,049 $123 per Unit

Apartment Unit 1,050 or greater $138 per Unit

Non-Residential Property N/A $1,450 per Acre

2. Approved Property and Undeveloped Property

No Special Tax A shall be levied on Approved Property and Undeveloped Property.

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C-5

SECTION D

METHOD OF APPORTIONMENT OF THE MAXIMUM SPECIAL TAX A

Commencing with Fiscal Year 2008-09 and for each following Fiscal Year, the City shall levy the Special Tax A at up to 100% of the applicable Maximum Special Tax A, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax A equals the Special Tax A Requirement.

SECTION E

PREPAYMENT OF ANNUAL SPECIAL TAX A

The Special Tax A cannot be prepaid.

SECTION F

TERM OF SPECIAL TAX A

For each Fiscal Year, the Special Tax A shall be levied in perpetuity as long as the Services are being provided.

SECTION G

EXEMPTIONS

The City shall classify Exempt Property within Improvement Area 5 as (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners’ association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

SECTION H

APPEALS

Any property owner claiming that the amount or application of the Special Tax A is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A that is disputed. A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax A, and rule on the appeal. If the representative’s decision requires that the Special Tax A for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Annual Special Tax A on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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SECTION I

MANNER OF COLLECTION

The Annual Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2003-3 may collect the Annual Special Tax A at a different time or in a different manner if necessary to meet its financial obligations.

9.6.a


I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSEDBOUNDARY OF ANNEXATION NO. 6 TO IMPROVEMENT AREA NO. 5 OFCOMMUNITY FACILITIES DISTRICT NO. 2003-3, CITY OF CHINO, COUNTYOF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THECITY COUNCIL OF SAID CITY OF CHINO AT A REGULAR MEETING THEREOFHELD ON THE ______ DAY OF ________________, 2020, BY RESOLUTIONNO. ______________________.

_____________________________________ CITY CLERK, CITY OF CHINO

SHEET 1 OF 1

G:\2018\18-0110\Chino_CFD2003-IA5_Annex6.mxd

REMINGTON AVE

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KIMBALL AVE

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THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCELOF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITYFACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES ANDDIMENSIONS OF LOTS OR PARCELS REFER TO THE COUNTYASSESSOR'S MAPS FOR FISCAL YEAR 2019-2020.

ANNEXATION MAP NO. 6

PPROJECTLOCATION

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PINE AVE

EDISON AVE

CAMP

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KIMBALL AVE

EUCL

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EUCALYPTUS AVE

BICKMORE AVE

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³

COMMUNITY FACILITIES DISTRICT NO. 2003-3IMPROVEMENT AREA NO. 5

OF THE CITY OF CHINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA

VICINITY MAPNOT TO SCALE

³0 325 650 975 1,300

Feet

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER__________________________ THIS _____ DAY OF __________________ 20___ AT __________ M.

IN BOOK _________________ OF _______________________AT PAGE _________________ AT THE REQUEST OF_______________________________________ IN THEAMOUNT OF $_______________________________ BOB DUTTONASSESSOR-RECORDERCOUNTY OF SAN BERNARDINO

BY: ______________________________________DEPUTY RECORDER

LEGEND ANNEXATION BOUNDARY

PARCEL BOUNDARY

ASSESSOR'S PARCEL NUMBERXXXX-XXX-XX-XXXX

THIS MAP SHOWS THE BOUNDARIES OF THE AREA PROPOSED TO BEANNEXED INTO IMPROVEMENT AREA NO. 5 OF COMMUNITYFACILITIES DISTRICT NO. 2003-3 OF THE CITY OF CHINO, COUNTYOF SAN BERNARDINO, STATE OF CALIFORNA, THE BOUNDARIES OF WHICH COMMUNITY FACILITIES DISTRICT ORIGINAL BOUNDARY MAPWAS RECORDED AS INSTRUMENT NO. 2003-083346 IN BOOK 76 OFMAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS ATPAGES 11-17. THE FIRST AMENDED BOUNDARY MAP WAS RECORDEDAS INSTRUMENT NO. 2005-0195713 IN BOOK 78 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICTS AT PAGES 8-14, THE SECONDAMENDED BOUNDARY MAP WAS RECORDED AS INSTRUMENT NO.2005-0719640 IN BOOK 78 OF MAPS OF ASSESSMENT AND COMMUNITYFACILITIES DISTRICTS AT PAGES 84-90, THE THIRD AMENDEDBOUNDARY MAP WAS RECORDED AS INSTRUMENT NO. 2008-0142286IN BOOK 83 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIESDISTRICTS AT PAGES 79-85, AND THE FOURTH AMENDED BOUNDARYMAP WAS RECORDED AS INSTRUMENT NO. 2013-0519677 IN BOOK 86OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS ATPAGES 1-7. ALL MAPS HAVE BEEN RECORDED IN THE OFFICE OF THECOUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA.

FILED IN THE OFFICE OF THE CITY CLERK OF CHINOON THIS ______ DAY OF _______________ , 2020

BY: _______________________________________ CITY CLERK, CITY OF CHINO

1055-091-06-00001055-091-07-00001055-091-12-00001055-091-13-00001055-101-05-00001055-101-06-00001055-101-14-00001055-101-15-00001055-111-03-00001055-111-04-0000

1055-121-06-00001055-121-07-00001055-121-08-00001055-121-13-00001055-121-14-00001055-121-20-00001055-121-21-00001055-121-22-00001055-121-23-00001055-121-24-0000

APN LIST

9.6.b


Revenue: Expenditure:3207100-48005-ST183 & 3227102-48005-ST183



PUBLIC WORKS DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR SUBJECT: STREET REHABILITATION AND TRAFFIC SIGNAL MODIFICATION

PROJECT - RIVERSIDE DRIVE (ST183) AND CONVEYANCE OF PROPERTY.

RECOMMENDATION

1) Approve execution of agreement for the Conveyance of Property and record a Grant of Right-of-Way for 5684 Riverside Drive; 2) approve the plans and specifications for the construction of Project ST183- FY2018-19 Street Rehabilitation and TSM- Riverside Drive; 3) authorize staff to advertise a notice to bidders for the construction of Project ST183- FY 2018-19 Street Rehabilitation and TSM- Riverside Drive; 4) approve an amendment to the agreement with IDS Group in the amount of $56,988 bringing total contract amount to $452,799; and 5) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT

There is sufficient funding available in the FY2019-20 Capital Improvement Program Budget.

9.7


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: STREET REHABILITATION AND TRAFFIC SIGNAL MODIFICATION PROJECT - RIVERSIDE DRIVE (ST183) AND CONVEYANCE OF PROPERTY PAGE 2 BACKGROUND

Riverside Drive between Central Avenue to west of Oaks Avenue was originally a part of the ST162 Street Rehabilitation FY2015-16 Project, along with two other streets, Ramona Avenue and Pipeline Avenue. Following geotechnical evaluation and various trench repair issues, it was determined that Riverside Drive would require complete reconstruction in certain areas, and it became a separate new project (ST183) by Council action on April 17, 2018. The project limits were extended to east of Oaks Avenue, and three traffic signal modifications were added to the scope of work at the intersections of Riverside Drive and Tenth Street, Riverside Drive and Benson Avenue, and Riverside Drive and Oaks Avenue, due to anticipated impacts to conduit crossings and aging equipment at these locations.

Epic Land Solutions, the City’s On-Call Right-of-Way (ROW) agent, assisted staff in obtaining the required right-of-way to construct the improvements. Property acquisition was required for small portions of seven properties. The following property owner has agreed to the price and terms contained in the attached agreement and an executed copy of the agreement is in transit at the time of this report’s preparation:

CONVEYANCE TABLE

APN NO. Property Address Owner CONVEYANCE TYPE

1015-578-29 5684 Riverside

Drive

J.D. MacArthur Properties Grant of Right-of-Way

The remaining ROW acquisition agreements have been executed. Plans, Specifications, and Estimates are now complete. Staff is prepared to advertise the ST183- FY 2018-19 Street Rehabilitation and TSM- Riverside Drive Project for construction bids and issue a notice to bidders, along with the completed plans and specifications, per the 2010 California Public Contract Code Article 3 Section 10740-10743.

ISSUES/ANALYSIS

IDS Group was awarded the design contract for the design of the access ramps to accompany the grind and overlay projects for Project ST162 (Ramona Avenue and Pipeline Avenue) and ST183 (Riverside Drive). The total design agreement amount for both projects to date is $395,811. Staff is recommending an amendment to the IDS Group Inc. agreement to cover revisions completed at staff’s request due to additional curb ramp design, review of all right-of-way and conceptual design, and property owner’s requests for additional improvements outside the scope of work, in the amount of $56,988, resulting in an overall contract not-to-exceed amount of $452,799. In addition, Hartzog & Crabill was awarded the traffic signal modification design work, including potholing of the pole foundations and surveying for the three traffic signal modifications in the amount of $68,700.

Staff evaluated the existing curb ramps at the intersection of Riverside Drive and Central Avenue and determined that the existing ramps are non-compliant. Staff has considered several design alternatives that utilize existing roadway and curb ramp locations and has concluded the acquisition of additional right-of-way is likely necessary to provided adequate clearances to make the curb ramps accessible. Staff has made several attempts to acquire additional right-of-way specifically for the south east corner of the intersection. However, the property owner believes that any additional right-of-way acquisition will create undue hardship

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COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: STREET REHABILITATION AND TRAFFIC SIGNAL MODIFICATION PROJECT - RIVERSIDE DRIVE (ST183) AND CONVEYANCE OF PROPERTY PAGE 3 for his business and is unwilling to dedicate right-of-way at this time. Once the additional right-of-way is acquired, or alternative designs solutions are considered, including possibly utilizing existing roadway, staff will proceed to finalize the design and seek council approval to construct the improvements.

This project has been found to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with Article 19 of the CEQA Guidelines, Title 14, Section 15301, Existing Facilities, which consists of minor alterations to existing streets and highways, (Class 1 Exemption) and Section 15302, Class 2 Categorical Exemption, Replacement or Reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. A Notice of Exemption, attached, will be signed and filed with the County Recorder within five business days of Council approval.

Staff is requesting approval of plans and specifications for the construction of Project ST183- FY 2018-19 Street Rehabilitation and TSM- Riverside Drive. Plans and specifications will be made available at the Public Works Engineering counter for review.

Electronic copies will also be made available upon request.

The estimated Expenditure Plan for Project ST183 is shown in the Table below:

Task Total

PS&E (Requested Amendment Amount Included) $340,128

Environmental $15,570

Right-of-Way Acquisition $63,232

Project/Construction Management $150,000

Inspection $150,000

Construction Cost $3,769,000

Construction Engineering (Geotechnical

Engineering)

$50,000

Construction Contingencies $376,900

Estimated Total $4,914,830

*Additional funds will be appropriated at the time of award of the construction contract if costs exceed available budget.

Attachments: Notice of Exemption Agreement for Conveyance of Property & Grants of Right-of-Way IDS (A4)

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Notice of Exemption Appendix E

Revised 2011

To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044

County Clerk

County of: __________________ ___________________________

___________________________

From: (Public Agency): ____________________________

_______________________________________________

_______________________________________________

(Address)

Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific: Project Location - City: ______________________ Project Location - County: _____________________

Description of Nature, Purpose and Beneficiaries of Project: Name of Public Agency Approving Project: _____________________________________________________

Name of Person or Agency Carrying Out Project: ________________________________________________

Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);

Declared Emergency (Sec. 21080(b)(3); 15269(a));

Emergency Project (Sec. 21080(b)(4); 15269(b)(c));

Categorical Exemption. State type and section number: ____________________________________

Statutory Exemptions. State code number: ______________________________________________

Reasons why project is exempt: Lead Agency Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date: ______________ Title: _______________________

Signed by Lead Agency Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

City of Chino

13220 Central Avenue

Chino, CA 91710

San Bernardino

385 N. Arrowhead Avenue

San Bernardino, CA 92415

ST 183 - FY 2018-19 Street Rehabilitation and TSM - Riverside Drive

City of Chino

Chino San Bernardino

City of Chino

City of Chino

Class 1 Sect. 15301; Class 2 Sect. 15302

Maria Fraser 909-334-3724

Print Form

The City proposes minor alterations to existing streets, sidewalks, curbs, gutters and pedestrian crossings forthe creation of ADA compliant ramps, limited sidewalk and pedestrian facilities along an approximate 0.8 milestretch of Riverside Drive.

The Project proposes upgrades to and replacement of existing street and sidewalk facilities and various utilitiesexisting on Riverside Drive for ADA compliance. No new vehicle travel lanes or increase in capacity areproposed. An environmental review of the Project has determined there are no exceptions present for thisProject that would preclude the use of a Categorical Exemption.

Riverside Drive from Central Avenue to 250 feet East of Oaks Avenue

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Plans and Specifications: ST183 - Advertise Construction Packet Pg. 59

CEQA Categorical Exemption

Environmental Review Document

ST 183 – FY 2018-19 Street Rehabilitation and TSM – Riverside Drive

December 2019

CEQA Lead Agency:

City of Chino

13220 Central Avenue

Chino, CA 91710

Prepared by:

555 Anton, Suite 400

Costa Mesa, CA 92626

Contact: Eric Turner

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CEQA CE Environmental Review Document

City of Chino ADA Ramps and Street Improvements Riverside Drive

December 2019

This page intentionally left blank.

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i December 2019

Table of Contents

Introduction .................................................................................................................. 1

1.1 Location of Project .................................................................................................................................... 1

1.2 Environmental Setting .............................................................................................................................. 1

1.3 Project Description ................................................................................................................................... 2

1.4 Approvals and Permits ............................................................................................................................. 3

CEQA Compliance ....................................................................................................... 4

2.1 Categorical Exemption ............................................................................................................................. 4

2.2 Exceptions to Categorical Exemptions ..................................................................................................... 4

FIGURES

Figure 1 Regional Vicinity Map

Figure 2 GeoTracker Database Results

Figure 3 Department of Toxic Substances Control EnviroStor Database Results

ATTACHMENTS

Attachment A Conceptual Project Plans

LIST OF ACRONYMS AND ABREVIATIONS

ADA Americans with Disabilities Act

CEQA California Environmental Quality Act

City City of Chino

LUST Leaking Underground Storage Tank

ROW Right-of-Way

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1 December 2019

INTRODUCTION

1.1 Location of Project

The Project is located along an approximate 0.8 mile stretch of Riverside Drive, from Central Avenue to

approximately 250 feet east of Oaks Avenue, City of Chino (City), County of San Bernardino, CA 91710.

Figure 1 shows the project area, right-of-way (ROW), and parcel lines; however, ground disturbance and

improvements would be limited to areas shown on the attached plans (Attachment A). Work would occur

along Riverside Drive and includes access ramps and associated roadway improvements at the

intersections of six (6) alleyways and the following nine (9) streets: Central Avenue, Ninth Street, Tenth

Street, Eleventh Street, Twelfth Street, Thirteenth Street, Fourteenth Street, Benson Avenue, and Oaks

Avenue.

1.2 Environmental Setting

Riverside Drive is an east-west roadway that extends through the City of Chino. Within the City, Riverside

Drive is classified as a six-lane Major Arterial west of Fern Avenue and a four-lane Primary Arterial east

of Fern Avenue. Per the General Plan and General Plan Environmental Impact Report, Riverside Drive

is a designated City of Chino Truck Route and contains no existing or proposed bicycle facilities,

equestrian trails or freight rail system.

The Project site is located along an approximate 0.8 mile stretch of Riverside Drive, from Central Avenue

to approximately 250 feet east of Oaks Avenue. Within the Project site, Riverside Drive is classified as a

six-lane Major Arterial but is currently a four-lane roadway, with sections striped with a two-way left turn

lane median, sections striped with designated left turn pockets and sections containing no median or turn

pockets. Existing traffic signals are located at Central Avenue, Tenth Street, Benson Avenue and Oaks

Avenue.

Sidewalk facilities are present for the majority of the northern side of Riverside Drive within the Project

site. Sidewalk facilities are also present for about half of the southern side of Riverside Drive with gaps

occurring in the central section and eastern section of the Project site. Existing sidewalks on both sides

of Riverside Drive are in varying states of condition and do not currently maintain American with

Disabilities Act (ADA) compliant ramps at multiple roadway and alley intersection crossings.

The Project site is located in an urbanized area of the City and characterized by disturbed/developed land

predominantly within existing roadway and sidewalk ROW. Commercial, multi-family and single-family

uses border the Riverside Drive corridor through the Project site. No buildings, structures or sensitive

habitat are within the Project site. The nearest sensitive receptors are Chino Hills Head Start and

residential uses located adjacent to the Project site; and Chino High School 0.15 mile to the north, Oxford

Preparatory Academy 0.12 mile to the south and Alicia Cortez Elementary 0.25 mile to the northeast of

the Project site, respectively.

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2 December 2019

1.3 Project Description

The City of Chino Engineering Division proposes minor alterations to existing streets, curbs, gutters,

limited sidewalks and pedestrian crossings for the creation of ADA compliant ramps and overall

improved sidewalk and pedestrian facilities along the approximate 0.8 mile stretch of Riverside Drive

located within the Project site. No additional vehicle lanes are proposed. Existing utilities and features

will be protected in place except for minor utility relocations discussed below that are required for

constructing the improvements to ADA standards. For example, traffic signals on Riverside Drive

intersections at the southeast corner of Central Avenue, Tenth Street, Benson Avenue and Oaks Avenue

will be modified. The attached plans (Attachment A) show the proposed improvements and utility

relocations, and a summary of proposed improvements are as follows:

• ROW: Partial, minor ROW acquisitions ranging from mostly 1 to 2 feet of encroachment and

up-to approximately 5 to 10 feet of encroachment;

• ADA Ramp Improvements: construction of truncated domes, creation of ADA compliant ramps,

and general sidewalk and pavement reconstruction;

• Sidewalk Improvements: North side removal and construction of a limited area of 4” sidewalk

where missing, minor ROW acquisition for sidewalk improvements as shown in Attachment A,

driveway reconstruction, relocation of gate;

• Street Improvements: Removal and construction of the curbs, gutters and pavement, adjust sewer

manhole to grade;

• Intersection Improvements: Removal and construction of asphalt concrete pavement; striping

and signage;

• Utility Improvements: Potential relocation of power poles, potential relocation of traffic signal

poles, relocation of utility box, re-striping of streets, installation of pedestrian push button; and

• Traffic Signal Modifications: southeast corner of Riverside Drive at Central Avenue, Benson

Avenue, Tenth Street and Oaks Avenue.

Project construction is anticipated to begin in the 1st quarter of 2020 and would last approximately 20

weeks. Construction would be conducted Monday through Friday between the hours of 8:30 AM and

3:30 PM, per City of Chino’s approved permits. Construction would not occur on Saturday, Sunday or a

Federal holiday. Work would result in temporary partial roadway and sidewalk closures. Work may also

require temporary full roadway and sidewalk closures. Vehicle and pedestrian traffic would be routed

around the work area with implementation of a standard Traffic Control Plan or per WATCH handbook

per the City Municipal Code Section 20.23.210 - Construction Management Plan, Section C, part 1.

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3 December 2019

Generally, work is anticipated to occur at four (4) intersections simultaneously; however work could occur

at more of fewer intersections at one time depending on construction staging and process. Approximately

four (4) to 10 workers are anticipated to be onsite at one time, depending on the construction stage, level

of activity, and equipment use. Anticipated construction equipment would include:

• Concrete saw

• Jackhammer

• Excavator

• Front Loader

• Hauling Truck

• Concrete Truck

• Asphalt Truck

• Grinder / Planer

• Sweeper

1.4 Approvals and Permits

Below is a list of agencies and organizations that may rely upon this document for compliance with the

California Environmental Quality Act (CEQA) to issue any permits or approvals required to proceed

with the Project. Acting as Lead Agency, Responsible Agency or Trustee Agency, these agencies or

organizations include but are not limited to the following:

• City of Chino

• Southern California Edison

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4 December 2019

CEQA COMPLIANCE

2.1 Categorical Exemption

The proposed Project is categorically exempt from further documentation under the California

Environmental Quality Act (CEQA) in accordance with Article 19 of the CEQA Guidelines, Title 14

Section 15301, Existing Facilities (c) Existing highways and streets, sidewalks, gutters and other

alterations such as pedestrian crossings and other similar alterations that do not create additional

automobile lanes (Class 1 Exemption). The Project proposes upgrades to existing Riverside Drive for

street improvements and ADA compliance. No new vehicle travel lanes are proposed. The Project also

qualifies for a Class 2 CEQA categorical exemption per Section 15302, Replacement or Reconstruction

of existing utility systems and/or facilities involving negligible or no expansion of capacity. The Project

proposes limited replacement of existing sidewalk facilities and various utilities for ADA compliance.

Due to the nature of proposed activities, no Exceptions listed in Section 15300.2 are present that would

prohibit the use of a Class 1 or Class 2 Exemption as documented below.

2.2 Exceptions to Categorical Exemptions

A project that meets the criteria of a Categorical Exemption under normal circumstances may not

otherwise be considered categorically exempt if unusual circumstances (or “exceptions”) are present. The

CEQA Guidelines, Article 19, Categorical Exemptions, Section 15300.2 Exceptions, outlines classes/conditions

where a project may have a significant effect on the environment due to the presence of unusual

circumstances. The classes/conditions are related to location, cumulative impacts, significant effects,

scenic highways, hazardous waste sites and historical resources. The classes/conditions are listed in the

table below and followed by comments based on environmental review performed for this Project. As

shown in the table, the environmental review has determined there are no exceptions present for this

Project that would preclude the use of a Categorical Exemption. The findings are documented below.

Are there exceptions present that could preclude the use of a categorical exemption?

Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located

– a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive

environment be significant. Therefore, these classes are considered to apply all instances, except where

the project may impact on an environmental resource of hazardous or critical concern where

designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

Comments: No active, designated or mapped hazardous material sites are located near

the Project site per review of the Regional Water Quality Control Board GeoTracker

database (https://geotracker.waterboards.ca.gov) and the Department of Toxic

Substances Control EnviroStor database

Yes

☐

No

☒

9.7.a


https://geotracker.waterboards.ca.gov/



5 December 2019

(https://www.envirostor.dtsc.ca.gov/public/) accessed on July 1, 2019 Figure 2,

Figure 3). The following two closed Cleanup Sites are located within the Project site:

• One Leaking Underground Storage Tank (LUST) Cleanup Site at 5715

Riverside Drive at Doshi’s Archo just east of the Benson Avenue intersection

(Cleanup status: Completes- Case Closed, RB Case # 083603406T);

• One LUST Cleanup Site at Bernals Market at 5599 Riverside Ave (Cleanup

Status: Completed- Case Closed, RB Case # 083603258T).

Additionally, there are four LUST Cleanup sites outside the Project site but within

approximately 3,500 feet of the Project site:

• One LUST Cleanup site on Riverside Drive approximately 550 feet west of

Central avenue (Cleanup status: Complete- Case closed, RB Case #

083603297T);

• One LUST Cleanup site on B street, approximately 800 feet south of

Riverside Drive (Cleanup status: Complete- Case Closed, RB Case #

083601260T);

• One LUST Cleanup Site at 5163 Riverside Drive, approximately 950 feet east

of the Project location (Cleanup Status: Completed- Case Closed RB Case #

083603081T);

• One LUST Cleanup Site at 5882 Riverside Drive, approximately 150 feet

north of the Project location (Cleanup Status: Completed- Case Closed, RB

Case # 083602953T).

All other sites identified using the Regional Water Quality Control Board Geotracker

and the Department of Toxic Substances Control EnviroStor database are over 3,500

feet from the Project site.

Based on review of the GeoTracker and EnviroStor databases; the cleanup status of

the identified sites within the Project site and Project vicinity; and the nature of

proposed Project activities that would entail minimal ground disturbance located

predominantly within existing roadway and sidewalk ROW; no unusual

circumstances or exceptions are present and no impacts are anticipated.

Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of

successive projects of the same type in the same place, over time is significant.

9.7.a


https://www.envirostor.dtsc.ca.gov/public/



6 December 2019

Comments: Based on the relatively low-intensity and short duration of proposed

Project activities, no foreseeable projects have been identified that are anticipated to

contribute to a cumulatively significant environmental impact. No unusual

circumstances or exceptions are present and no impacts are anticipated.

Yes

☐

No

☒

Significant Effect. A categorical exemption shall not be used for an activity where there is a

reasonable possibility that the activity will have a significant effect on the environment due to unusual

circumstances.

Comments: The Project site is located in an urban area and characterized by

disturbed/developed land predominantly within existing roadway and sidewalk

ROW. No sensitive habitat is within or adjacent the Project site and the site is not

suitable to support sensitive plant or wildlife species. No riparian/riverine resources

or features exhibiting characteristics of Waters of the United States or Waters of the

State are present.

No structures, historical or otherwise, would be impacted. Existing street facilities

and utilities are of modern design and ground disturbance required for the relocation

of utilities would be minor. No paleontological, archaeological or tribal cultural

resources are anticipated to be present because the majority of work would be

surficial and within existing concrete, asphalt and road base.

Due to the relatively short duration of construction (approximately 20 weeks),

compliance with the City’s permitted construction hours, and relatively low intensity

of construction activities, no unusual circumstances are anticipated from

construction noise or equipment emissions.

The existing drainage pattern would be maintained and no substantial change in

impervious surface area would occur; therefore, no impacts on hydrology or water

quality are anticipated.

No unusual circumstances or exceptions have been identified.

Yes

☐

No

☒

Scenic Highways. A categorical exemption shall not be used for a project which may result in damage

to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar

resources, within a highway officially designated as a state scenic highway. This does not apply to

improvements which are required as mitigation by an adopted negative declaration or certified EIR.

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7 December 2019

Comments: No officially designated or eligible scenic highways are within proximity to

the proposed Project per review of the Caltrans California Scenic Highway Mapping

System

(http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/index.htm)

accessed on September 18, 2018. The nearest such resource is Highway 142, which

is eligible for designation and approximately 3 miles southwest of the Project site.

No unusual circumstances or exceptions have been identified.

Yes

☐

No

☒

Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site

which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Comments: As previously discussed, no active hazardous material sites are located near

the Project site per review of the Regional Water Quality Control Board GeoTracker

database and the Department of Toxic Substances Control EnviroStor database.

Closed and completed LUST cleanup sites are located within and near the Project

location. However, given their cleanup-closed status, no impacts are anticipated and

no unusual circumstances or exceptions have been identified.

Yes

☐

No

☒

Historical Resources. A categorical exemption shall not be used for a project which may cause a

substantial adverse change in the significance of a historical resource.

Comments: No historical landmark locations are near the Project site per review of the

City of Chino Hills General Plan

(https://www.chinohills.org/DocumentCenter/View/11275). The Project does not

propose the demolition of structures, only minor alterations to existing streets,

sidewalks, gutters and pedestrian crossings for the creation of ADA compliant ramps

and overall improved sidewalk and pedestrian facilities. In addition, the Project

would be constructed predominantly within existing ROW and within

pavement/disturbed soils of the existing Riverside Drive. No building structures

would be impacted by the proposed activities. No unusual circumstances or

exceptions have been identified.

Yes

☐

No

☒

9.7.a


http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/index.htm

https://www.chinohills.org/DocumentCenter/View/11275

PROPOSED PROJECT: ST 183-FY 2018-19Street Rehabilitation and TSM- RiversideDrive

LOCATION ADDRESS: Riverside Drive fromCentral Avenue to approximately 250 feet eastof Oaks Avenue.

San Bernardino County, CA

FIGURE 1: Project Location

National Geographic, Esri, Garmin, HERE, UNEP-WCMC, USGS,NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.

Regional Map

Location Map

Cen

tral Ave

Oak St

0 0.1 0.20.05 Miles¯

9.7.a


PROPOSED PROJECT: ST 183- FY

2018-19 Street Rehabilitation and TSM-

Riverside Drive

LOCATION ADDRESS: Riverside Drive

from Central Avenue to approximately

250 feet east of Oaks Avenue.


Figure 2: Geotracker Database Results

Project Area

9.7.a


http://bob.moffattnichol.com/ServiceCenters/Marketing/Logos/MN_LOGO_stacked_NewBlue.jpg

PROPOSED PROJECT: ST 183- FY

2018-19 Street Rehabilitation and TSM-

Riverside Drive

LOCATION ADDRESS: Riverside Drive

from Central Avenue to approximately

250 feet east of Oaks Avenue.


Figure 3: Department of Toxic

Substances Control EnviroStor Database

Results

Project Area

9.7.a


http://bob.moffattnichol.com/ServiceCenters/Marketing/Logos/MN_LOGO_stacked_NewBlue.jpg



December 2019

Attachment A Conceptual Project Plans

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Project Name/No.: ADA Ramps & Transitions, Curb & Gutter, Contract No.: 2018-037 (A4)

Cross-Gutter and Sidewalk Repair Design and

and Associated Services (Project ST162/ST183)

Project Manager: K. Campbell Approved: ____________

AMENDMENT NO. 4

TO AGREEMENT FOR PROFESSIONAL SERVICES

THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES

(“Amendment”) by and between the CITY OF CHINO, a California municipal corporation

(“City”) and IDS GROUP, INC. (“Consultant”) is effective as of the 3rd day of March, 2020.

RECITALS

A. City and Consultant entered into that certain Agreement for Contractual Services

dated June 20th, 2017 (“Agreement”) whereby Consultant agreed to perform ADA

Ramps &Transitions, Curb & Gutter, Cross-Gutter and Sidewalk Repair Design

and Associated Services.

B. City and Consultant entered into the First Amendment on September 5th, 2017 to

increase compensation (the “Agreement”).

C. City and Consultant entered into the First Extension on July 1st, 2018 to extend

the term of the agreement (the “Agreement”).

D. City and Consultant entered into the Second Amendment on March 19th, 2019 to

increase compensation (the “Agreement”).

E. City and Consultant entered into the Third Amendment on July 1st, 2019 to extend

the term of the agreement (the “Agreement”).

F. City and Consultant now desire to amend the Agreement to increase

compensation (the “Agreement)

TERMS

1. Contract Changes. The Agreement is amended as provided herein.

(a) Article 3, Compensation, is hereby revised to increase the Contract Sum

by Fifty-Six Thousand Nine Hundred Eighty-Eight Dollars ($56,988) for

performance of additional Design Engineering and Associated Services for

Project ST183, and shall read in its entirety as follows:

“Subject to any limitations set forth in this Agreement, City agrees to pay

Consultant at the rates specified in “Exhibit C”, Schedule of

Compensation, the “Agreement”. The total compensation, including

reimbursement for actual expenses, shall not exceed Four Hundred Fifty-

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- 2 -

01225.0001/458787.1

Two Thousand Seven Hundred Ninety-Nine Dollars ($452,799) (the

“Contract Sum”), unless additional compensation is approved pursuant to

Article 20.”

(b) The scope of services provided in Exhibit “1” of the Agreement is amended

to include the additional scope of services described in Exhibit “A-2”,

attached hereto.

2. Continuing Effect of Agreement. Except as amended by this Agreement, all

provisions of the Agreement shall remain unchanged and in full force and effect. From and after

the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall

mean the Agreement, as amended by this Amendment to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and

Consultant each ratify and reaffirm each and every one of the respective rights and obligations

arising under the Agreement. Each party represents and warrants to the other that there have been

no written or oral modifications to the Agreement other than as provided herein. Each party

represents and warrants to the other that the Agreement is currently an effective, valid, and

binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment, City is

not in default of any material term of the Agreement and that there have been no events that,

with the passing of time or the giving of notice, or both, would constitute a material default

under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment,

Consultant is not in default of any material term of the Agreement and that there have been no

events that, with the passing of time or the giving of notice, or both, would constitute a material

default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that

they have each received adequate and independent consideration for the performance of the

obligations they have undertaken pursuant to this Amendment.

5. Authority. The persons executing this Agreement on behalf of the parties hereto

warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute

and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such

party is formally bound to the provisions of this Agreement, and (iv) the entering into this

Agreement does not violate any provision of any other Agreement to which said party is bound.

[SIGNATURES ON FOLLOWING PAGE]

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01225.0001/458787.1

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date

and year first-above written.

CITY:

CITY OF CHINO, a municipal corporation

Matthew C. Ballantyne, City Manager

ATTEST:


APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP

_____________________________ ____________________________________

Fred Galante, City Attorney Amer Jakher, P.E., Director of Public Works

CONSULTANT:

IDS GROUP, INC.:

By:

Name:

Title:

By:

Name:

Title:

Address: ______

Two corporate officer signatures required when Consultant is a corporation, with one signature required

from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)

Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR

OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

9.7.c


01225.0001/458787.1


) ss.

COUNTY OF _______________ )

On ___________________, 2020 before me, __________________________________, a notary

public, personally appeared ________________________________________ who proved to me

on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the

within instrument and acknowledged to me that he/she/they executed the same in his/her/their

authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or

the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.


_________________________________________

Notary Public

SEAL:

A notary public or other officer completing this certificate verifies only the identity of the

individual who signed the document to which this certificate is attached, and not the

truthfulness, accuracy or validity of that document.

9.7.c


01225.0001/458787.1


) ss.

COUNTY OF _______________ )

On ___________________, 2020 before me, __________________________________, a notary

public, personally appeared ________________________________________ who proved to me

on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the

within instrument and acknowledged to me that he/she/they executed the same in his/her/their

authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or

the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.


_________________________________________

Notary Public

SEAL:

A notary public or other officer completing this certificate verifies only the identity of the

individual who signed the document to which this certificate is attached, and not the

truthfulness, accuracy or validity of that document.

9.7.c


PIC PM Engr CADD Crew Admin Total

$180 $150 $132 $90 $200 $55 $

1 SECTIONS, DETAILS, PLAN COORDINATION

ADDRESS REDLINES, NOMENCLATURE, HATCHING, DETAILS, MISC. 4 36 36 12 0 0 $11,952

2 CENTRAL AVENUE

3 CORNERS ASPHALT LABELING, DESIGN, BACK-CHECK,

INCORPORATION OF MID-INTERSECTION RAMP AND COORDINATION. 4 8 12 0 0 $2,736

3 TRAFFIC SIGNAL POLES COORDINATION/REDESIGN

RAMP/CURB/SIDEWALK, POLE REDESIGN AND COORDINATION 0 16 26 6 0 0 $6,372

4 WORKING SECTIONS

PROPOSED SURFACE CURB TO CURB, EXISTING SURFACE ALREADY

SURVEYED 0 12 108 0 0 0 $16,056

5 SHOW UTILITIES/LABEL ON STREET PLAN AND PROFILE

PROPOSED SURFACE CURB TO CURB, EXISTING SURFACE ALREADY

SURVEYED 0 8 8 24 0 0 $4,416

6 SIGNAGE

0 8 0 32 0 0 $4,080

7 FINAL PSE PREPARATION AND QUANTITIES

QUANTITIES, QUALITY ASSURANCE, BID DOCUMENT CREATION AND

COORDINATION 0 24 48 16 0 0 $11,376

$56,988

Task &

Description

CITY OF CHINO RIVERSIDE DRIVEADDITIONAL ENGINEERING AND DESIGN SERVICE, ADA SIDEWALK, CROSSWALKS AND STREET REVISIONS

NOTTOEXCEED AMENDMENT SCOPE TOTAL=

EXHIBIT "A-2"

A1

9.7.c





DEVELOPMENT SERVICES DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: ADOPT ORDINANCE NO. 2020-002, AMENDING CHAPTER 5.04 (LICENSES

GENERALLY) AND REPLACING CHAPTER 5.28 (PEDDLERS AND SOLICITORS) TO THE CHINO MUNICIPAL CODE REGULATING SIDEWALK VENDING (SECOND READING)..

RECOMMENDATION

Adopt Ordinance No. 2020-002 on second reading, approving the amendment to Chapter 5.04 (licenses generally) and replacing Chapter 5.28 (peddlers and solicitors) to the Chino Municipal Code regulating sidewalk vending.

FISCAL IMPACT

There is no fiscal impact.

9.8


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: ADOPT ORDINANCE NO. 2020-002, AMENDING CHAPTER 5.04 (LICENSES GENERALLY) AND REPLACING CHAPTER 5.28 (PEDDLERS AND SOLICITORS) TO THE CHINO MUNICIPAL CODE REGULATING SIDEWALK VENDING (SECOND READING). PAGE 2 BACKGROUND

This matter was introduced on first reading by the Council at their February 18, 2020 meeting. Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS


Attachment: Ordinance No. 2020-002

9.8


01225.0001/564941.2



WHEREAS, the City of Chino currently regulates sidewalk vending through provisions in Chapter 5.04 and Chapter 5.28 of the Chino Municipal Code (CMC); and

WHEREAS, there is a need to update these municipal code provisions to conform to recent changes in state law, including California Senate Bill No. 946 (codified in Sections 51036 through 51039 of the Government Code).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. The definition of “Solicitor” in Section 5.04.030 of the Chino Municipal Code is hereby amended to read as follows:

5.04.030 – Definitions.

…

“Solicitor” includes any individual, whether a resident or nonresident of the city, who travels or goes from place to place or from house to house, or who attends at any party or gathering in a private residence or other place within the city and solicits money or takes orders for any goods, wares, merchandise, or other thing of value for future delivery. As used in this definition, “orders” includes subscriptions for newspapers, magazines, or other periodicals or any business service and subscriptions for membership in any society, club, association, or other organization where a commission or other compensation is paid for obtaining such subscription.

SECTION 3. Section 5.04.330 of the Chino Municipal Code, is hereby amended as follows (new text in underline, deleted text in strike through):

5.04.330 – Violation―Penalty.

A. Except as provided in subsection (B), any person violating any of the provisions of this chapter, or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license provided for in this chapter shall be deemed guilty of a misdemeanor punishable in accordance with Section 1.12.010 of this code.

B. Notwithstanding subsection (A) or any other provision of this chapter, the violation of any provision of this chapter by a sidewalk vendor, as defined in Section 5.28.010 of this code, shall only be punishable as provided in Chapter 5.28 of this code.

9.8.a

Adoption of Ordinance No. 2020-002 (Chapters 5.04 and Packet Pg. 102

ORDINANCE NO. 2020-002 Page 2 of 11

SECTION 4. Subsection (B) of Section 5.04.380 of the Chino Municipal Code, is hereby amended as follows, with rest of Section 5.04.380 remaining unchanged (new text in underline, deleted text in strike through):

5.04.380 – Special business permit―Required for certain business.

…

B. The following businesses require a special business permit:

1. Circus, carnival, tent show or open-air show; 2. Swap meet, flea market, or sale of used merchandise (except used car

lots); 3. Adult-oriented business as defined in Section 5.05.020(A)A. of this code; 4. Itinerant vendor, peddler or commercial solicitor Solicitor; 5. Curb address painting; 6. Advertising by distribution of samples or handbills; 7. Any business in which any product or commodity is sold at retail from a

motor vehicle, truck or trailer, or any business in which any product or commodity is sold at retail from any place except a fixed place of business in the city on which general real property and ad valorem taxes are levied and collected;

8. Taxicabs and automobiles-for-hire as defined in Section 5.32.010 of this

code; 9. Request for live entertainment at a business location as defined in Section

5.20.010 of this code; 10. Internet cafes; 11. Massage establishments as defined in Section 5.24.020 of this code.;

12. Sidewalk vendors as defined in Section 5.28.010 of this code.

SECTION 5. Section 5.04.400 of the Chino Municipal Code, entitled “Special business permit applications – generally,” is hereby amended as follows (new text in underline, deleted text in strike through):

5.04.400 – Special business permit applications―Generally.

Unless different or additional application requirements are provided in another chapter of this code, applicants Applicants for a special business permit required by this chapter shall

9.8.a



file a written, signed and acknowledged application with the director of finance, setting forth the following:

A. The name, home address, home telephone number, business address and business telephone number of the applicant;

B. The name, address, telephone number and social security number of the person or parties by or with whom the applicant is employed or associated, if any;

C. A plot plan of the place or area in which the business is to be conducted with written permission of the property owner if business is to be located at a site not owned by the applicant;

D. A complete description of the nature of such business;

E. A brief description of the nature and amount of equipment to be used;

F. The name(s), address, telephone number of the person(s) who, in addition to the applicant, will or may be responsible for the management or supervision of the business;

G. Whether or not the applicant or any of its employees or associates or any person who may be responsible for the management or supervision of the business has been convicted of a crime, the nature of such offense and the sentence received therefor;

H. Such other reasonable information as to the nature of the business or the identity or character of the applicant, its employees or associates or the person or persons who will be responsible for the management or supervision of the business, as the special permit committee may deem necessary;

I. A statement that the applicant has complied with all land use regulations and other applicable municipal ordinances and regulations thereunder;

J. Proof that the applicant has complied with all regulations and licensing requirements of the San Bernardino County Health Department, as well as any similar licensing agency or department of the state; and

K. A certificate of insurance showing coverage for liability and property damage in amounts satisfactory to the special permit committee.

SECTION 6. Chapter 5.28 of the Chino Municipal Code, entitled “Peddlers and Solicitors,” is hereby deleted in its entirety and replaced by a new Chapter 5.28, entitled “Sidewalk Vendors,” which shall read in its entirety as follows:

9.8.a



Chapter 5.28 – SIDEWALK VENDORS 5.28.010 – Definitions The following definitions apply to this chapter: “Cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.

“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Swap meet” means a location operated in accordance with Article 6 (commencing with

Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

“Vend” or “vending” refer to operating as a sidewalk vendor.

5.28.020 – Applicability.

The requirements of this chapter shall not apply to the following persons:

A. Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.

B. Solicitors, as described in Section 5.04.030. C. Persons selling goods, wares, merchandise, or food from a motorized vehicle,

including food trucks. 5.28.030 – Business license and special business permit required.

A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid city business license in accordance with Chapter 5.04 of this code, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 5.04 of this code.

9.8.a



B. No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with Chapter 5.04 of this code, and complying with all requirements of the permit, unless such person qualifies for an exemption under Chapter 5.04 of this code.

C. The special business permit shall be valid for one year unless revoked or

suspended prior to expiration. An application to renew a special business permit under this chapter shall be made not later than 90 days before the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year.

D. A separate business license and special business permit shall be required for each

cart.

5.28.040 – Requirements for permit application.

An application for a special business permit for sidewalk vending shall include all of the following, to the extent applicable:

A. The name, address, and telephone number of the applicant and each person who will operate the cart.

B. A photo identification of the applicant and each person who will operate the cart. C. A description of the cart, including the dimensions of the cart, and a photograph of

the cart. D. A complete list of the food or merchandise to be sold. E. If the sidewalk vendor is an agent of an individual, company, partnership, or

corporation, the name and business address of the principal. F. The vendor’s California seller’s permit number (California Department of Tax and

Fee Administration sales tax number). G. A City of Chino business license. H. A copy of any license or permit required from any other state or local agency that

is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.

I. A certification by the applicant that to his or her knowledge and belief, the

information contained in the application is true. 5.28.050 – Identification numbers; confidentiality.

Notwithstanding any other requirement in this code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social

9.8.a



security number, the city shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order. 5.28.060 – Operational standards.

A. Each cart used by a sidewalk vendor must display a valid special business permit

sticker at all times, which shall be issued by the City. B. All sidewalk vendors shall comply with the terms and conditions of the special

business permit and shall not sell any food or merchandise that was not listed in the special business permit application.

C. No stationary sidewalk vendor may operate in any residential zone listed in

Chapter 20.04 of this code; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.

D. In order to preserve the peace, safety, and tranquility of residential neighborhoods,

no sidewalk vendor may operate in any residential zone listed in Chapter 20.04 of this code earlier than 8:00 a.m. or later than 30 minutes before sunset.

E. In order to prevent obstructions of the public right-of-way, the total display area

footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof or awning, of 78 inches.

F. In order to prevent obstructions of the public right-of-way, no sidewalk vendor may

set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor.

G. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk

vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

H. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk

vendors shall maintain a clean and trash-free area within a 10-foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.

I. In order to prevent damage to public property and prevent obstructions of the

public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.

9.8.a



J. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.

K. In order to preserve the safety of the public, to prevent misuse of carts, and to

prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park.

L. In order to preserve the safety of vehicular travelers, no sidewalk vendor may

solicit business from or conduct business with persons in motor vehicles. M. In order to preserve the safety of vehicular travelers and pedestrians, and to

preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.

N. In order to preserve the safety of vehicular travelers and pedestrians, any cart

operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.

O. In order to prevent obstructions of the public right-of-way, all signage related to the

vending operation shall be affixed to the cart.

5.28.070 – Location of carts. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ markets, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way: A. Any area other than a public sidewalk or pedestrian path. B. Within 15 feet of a fire hydrant or 15 feet of a transit stop. C. Within 15 feet of the outer edge of a driveway or driveway apron. D. Adjacent to any marked loading zone or bus zone. E. Within 5 feet of a curb return. F. Any location that would impede entering or exiting a parked vehicle.

G. Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.

9.8.a



H. Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet.

I. Within 100 feet of a City-permitted special event, including but not limited to,

parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.

5.28.080 – Special requirements for vending in city parks. No stationary sidewalk vendor may operate in a city-owned or city-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. 5.28.090 – Special requirements for the sale of food. All sidewalk vendors that prepare or sell food must be in compliance with all county and state permitting and licensing requirements for the preparation or sale of food. 5.28.100 – Penalties. For purposes of this Section, “sidewalk vending program” refers to the provisions of Sections 5.28.060 through 5.28.090, inclusive, and the requirement to obtain a special business permit pursuant to Section 5.28.030(B).

A. A violation of any provision in Sections 5.28.060 through 5.28.090, inclusive, may only be punished by the following:

1. An administrative fine not exceeding one hundred dollars ($100) for a first

violation. 2. An administrative fine not exceeding two hundred dollars ($200) for a

second violation within one year of the first violation. 3. An administrative fine not exceeding five hundred dollars ($500) for each

additional violation within one year of the first violation. 4. Rescission of the sidewalk vendor’s special business permit for the term of

that permit upon the fourth violation or subsequent violations.

B. Vending without a special business permit may be punished by the following:

1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

9.8.a



2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for

each additional violation within one year of the first violation.

Upon proof of a valid special business permit, an administrative fine imposed under Section 5.28.100(B) shall be reduced to the respective administrative fine set forth in Section 5.28.100(A).

C. No other fines, fees, assessments, or financial conditions, shall be imposed for

violation of the sidewalk vending program other than those imposed by Section 5.28.100(A) and (B). D. Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program nor a failure to pay an administrative fine imposed by Section 5.28.100(A) or (B) shall be punishable as an infraction or misdemeanor.

E. Any person who receives an administrative fine under Section 5.28.100(A) or (B) shall have the right to request an ability-to-pay determination. 1. The City shall give any such person written notice of his or her right to

request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.

2. A right-to-pay determination may be requested at any time following the

issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.

3. Upon receipt of a request for an ability-to-pay determination, the city

manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final.

4. If the person meets the criteria described in subdivision (a) or (b) of Section

68632 of the Government Code, the city shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed.

F. The city manager may, in his or her discretion, allow a person who receives an

administrative fine under Section 5.28.100(A) or (B) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

G. Violations of the requirement to obtain a business license pursuant to Section

5.28.030 (A) may be punished in accordance with the provisions of Chapter 5.04.

9.8.a



H. Nothing in the chapter shall be construed to limit the city’s ability to enforce laws of general applicability against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are allowed by state or federal law or this code.

SECTION 7. 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.

SECTION 8. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Guidelines, in that the Ordinance alone does not have the potential for causing a significant effect on the environment.

SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

APPROVED AND ADOPTED THIS 3RD DAY OF MARCH 2020. ________________________________ EUNICE ULLOA, MAYOR ATTEST: ________________________________ ANGELA ROBLES, CITY CLERK

9.8.a



State of California ) County of San Bernardino ) City of Chino ) I, Angela Robles, 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 3rd day of March 2020, by the following votes: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ________________________________ ANGELA ROBLES, CITY CLERK

9.8.a





DEVELOPMENT SERVICES DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: TRUCK ROUTE UPDATE TO THE GENERAL PLAN, THE PRESERVE

SPECIFIC PLAN, THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN, THE TRUCK ROUTE ORDINANCE, AND RELATED NEGATIVE DECLARATION.

RECOMMENDATION

1. Conduct the public hearing; and

2. Adopt Resolution No. 2020-008, adopting a Negative Declaration for the Truck Route Update Project; and

3. Adopt Resolution No. 2020-009, approving PL19-0096 (General Plan Amendment), based upon the findings listed in the resolution; and

4. Approve the Introduction of Ordinance No. 2020-003, approving PL19-0097 (Preserve Specific Plan Amendment), based upon the findings listed in Planning Commission Resolution No. PC2020-003, to be read by number and title only, and waive further reading of the Ordinance; and

5. Approve the Introduction of Ordinance No. 2020-004, approving PL19-0098 (Eucalyptus Business Park Specific Plan Amendment) based upon the findings listed in Planning Commission Resolution No. PC2020-004, to be read by number and title only, and waive further reading of the Ordinance; and

6. Approve the Introduction of Ordinance No. 2020-005, amending Chapter 10.44 (Commercial Vehicles and Trucks) of the Chino Municipal Code Amendment based upon the findings listed in the ordinance, to be read by number and title only, and waive further reading of the Ordinance.

FISCAL IMPACT

This action will not result in a financial impact to the budget.

10.9

PUBLIC HEARING Packet Pg. 113

COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: TRUCK ROUTE UPDATE TO THE GENERAL PLAN, THE PRESERVE SPECIFIC PLAN, THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN, THE TRUCK ROUTE ORDINANCE, AND RELATED NEGATIVE DECLARATION PAGE 2 BACKGROUND

The City of Chino currently identifies 51.2 miles of roadway dedicated for the transport of goods and materials to businesses within and around the City. Truck routes provide connectivity to regional roadway networks such as State Route 60, State Route 71, State Route 83 (Euclid Avenue), and adjacent cities. While the City’s truck routes provide designated roadways for trucking operations, State law allows trucks to make deliveries to residences and businesses not directly adjacent to the truck routes to provide service to the properties, however, these deliveries are expected to be direct and do not allow trucks to “cut-through” the City on streets that are not designated as a truck route.

Section 35701 of the California Vehicle Code allows local authorities, by ordinance, to designate street segments on which commercial trucks may travel to reduce the impact of truck traffic in residential neighborhoods and other sensitive areas. In order to enforce the designated truck routes, City Council must adopt an ordinance specifying which street segments commercial trucks are allowed to utilize, and signs must be installed to designate truck routes.

On September 17, 2019, the City Council directed staff to review the City’s truck routes in response to concerns from the public related to trucks negatively impacting adjacent residential land uses. The General Plan provides guidance for truck route locations in the City, taking into consideration the location of existing and future businesses that may require trucking services, while at the same time avoiding unnecessary impacts to sensitive land uses in the area. In addition, several specific plans in the City compliment the General Plan’s transportation element by identifying truck route designations within each specific plan area. Chapter 10.44 of the Chino Municipal Code (CMC) identifies each street segment in the City that is currently designated a truck route.

On February 3, 2020, the Chino Planning Commission held a public hearing for the truck route update. The Commission received no testimony from residents or interested parties in attendance. The Planning Commissioners all supported the project and asked for minor clarifications. The Planning Commission ultimately voted 7-0 in favor of the truck route update.

ISSUES/ANALYSIS

Consistency

In reviewing the City’s General Plan (GP), specific plans and the CMC, inconsistencies with the approved truck routes between these documents were identified by staff. Through prior development and changes to truck routing needs, the City Council has previously approved changes to truck routes such as the realignment of Hellman and Van Vliet Avenues that have not been correctly codified. The General Plan Amendment (GPA) and Specific Plan Amendments (SPAs) identified herein address both previous truck route changes approved and not correctly codified by the City, as well as those newly proposed truck route changes. All consistency changes and proposed modifications to trucks routes are included in the attached Ordinance (2020-005) to update the CMC (10.44) and will be concurrently approved as part of this truck route update.

Eucalyptus Business Park Specific Plan

In the Eucalyptus Business Park Specific Plan (EBPSP), a 0.5-mile segment of Monte Vista Avenue between Eucalyptus Avenue and Chino Hills Parkway is not currently identified as a

10.9


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: TRUCK ROUTE UPDATE TO THE GENERAL PLAN, THE PRESERVE SPECIFIC PLAN, THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN, THE TRUCK ROUTE ORDINANCE, AND RELATED NEGATIVE DECLARATION PAGE 3 truck route in the GP and EBPSP. However, it is currently identified as a truck route in the CMC (10.44.020) and posted as such. This segment of Monte Vista Avenue is adjacent to industrial businesses on both sides that have a General Industrial (GI) land use designation and M2 (General Industrial) zoning. Since Monte Vista Avenue connects to existing truck routes along Eucalyptus Avenue and Chino Hills Parkway, this segment of Monte Vista Avenue is appropriately identified as a truck route. Therefore, the GPA and EBPSP amendment will update the maps and language in the GP and EBPSP to include Monte Vista Avenue as a truck route to be consistent with current existing conditions. (See Exhibits A and D.)

Eucalyptus Segment

Eucalyptus Avenue from Fern Avenue to Euclid Avenue is 0.1-miles long and is currently designated as a truck route both in the General Plan and within the CMC (10.44.020). The land adjacent to this segment was previously zoned BP (Business Park) and served commercial/industrial uses. The zoning for this land was changed to RD8 (Residential) and RD12 (Residential) in 2014 and is currently developed with single-family homes. Both the homes and a business park exist to the north of the truck route. In addition, the business park is bordered by Edison Avenue to the north, Euclid Avenue to the east and Fern Avenue to the west; therefore, a truck route to service this land use is not necessary on Eucalyptus Avenue, as trucks can use both Edison Avenue and Euclid Avenue to access the site. Trucks are legally allowed to use Fern Avenue to make direct deliveries to the business park without being designated as a truck route. It is for these reasons this segment of Eucalyptus Avenue is no longer needed as a truck route. Removing this branch segment of truck route will discourage trucks from using Eucalyptus Avenue west of Fern Avenue, through College Park, without affecting the trucking needs of the existing business park. The GPA will amend the General Plan truck route map (Exhibit A) to remove this segment as a truck route.

The Preserve

In the Preserve Specific Plan (PSP), Kimball Avenue, an east/west street that runs between Euclid Avenue and Hellman Avenue, is designated as a 2.3-mile truck route. With several residential developments now completed and occupied within the PSP area, a review of the existing truck routes was appropriate to determine if the policies within the General Plan and the PSP are continuing to be followed. Specifically, the policy that the City’s truck routes shall provide connectivity to businesses while minimizing the impacts to sensitive land uses such as residential areas, schools, and parks. A review by staff of Kimball Avenue determined that a 1.9-mile segment of Kimball Avenue between future Mayhew Avenue and Hellman Avenue is no longer needed as a truck route, as it is adjacent to current and future sensitive residential land uses. Further, the current and future industrial land uses adjacent to Kimball Avenue near Euclid Avenue and near Hellman Avenue can be served by Merrill Avenue and Pine Avenue with no impact to local or regional traffic circulation.

A 0.2-mile segment of Flight Avenue (formally Walker Avenue) between Enterprise Way and Kimball Avenue is recommended to be removed as a truck route. Hellman Avenue south of Merrill Avenue will remain as a truck route, and Flight Avenue north of Enterprise Way will remain a truck route as will the streets that surround the newly developed Industrial areas in the Preserve such as Van Vliet Avenue and Remington Avenue.

While the land use and zoning on parcels along the north side of Kimball Avenue may be dependent on trucking, reasonable alternatives exist to provide truck routing to the development connecting this area to regional roadways and adjacent agencies. No impacts to the Chino

10.9


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: TRUCK ROUTE UPDATE TO THE GENERAL PLAN, THE PRESERVE SPECIFIC PLAN, THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN, THE TRUCK ROUTE ORDINANCE, AND RELATED NEGATIVE DECLARATION PAGE 4 Airport are expected as Airport related businesses will continue to be legally allowed to accept deliveries from Kimball Avenue if it is not designated as a truck route. These staff recommendations are reflected in the update to the General Plan (Exhibits A and C) and the PSP (Exhibit B).

Agency Coordination

The proposed changes to Chino’s truck routes were shared with the City of Ontario, the City of Eastvale, and the Chino Airport. The City of Ontario responded to request for comments expressing concerns with Chino-Ontario shared collector roadway segments being designated as truck routes and recommended studying potential impacts to adjacent roadways with the removal of Kimball Avenue as a truck route (Exhibit F). Staff met with the Chino Airport and no concerns were identified. The City of Eastvale has not submitted any response.

ENVIRONMENTAL REVIEW

A Truck Route Update Initial Study/Negative Declaration (ND) was prepared for the proposed project pursuant to Section 15070 of the California Environmental Quality Act (CEQA) Guidelines. The ND does not identify any potential environmental impacts as a result of the project.

RECOMMENDATION

As detailed above, the identified changes to the City’s truck routes will result in a net reduction of 1.7-miles of truck route, resulting in a total of 49.5-miles of truck route remaining in the City. The GPA, EBPSPA, and PSPA will 1) update the documents to make them consistent with previous City actions; and 2) reduce impacts to current and future sensitive land uses with no impact to current and future industrial land uses within the City and adjacent jurisdictions. Therefore, staff recommends approval of the requested changes to the City’s truck routes.

Attachments: Resolution No. 2020-008, adopting a Negative Declaration

Exhibit “A” - General Plan Truck Route Map Update Exhibit “B” - The Preserve Specific Plan Truck Route Map Update Exhibit “C” - General Plan Truck Route Language Update Exhibit “D” - Eucalyptus Business Park Specific Plan Language Update Exhibit “E” - Initial Study/Negative Declaration Truck Route Update

Exhibit “F” - Comment Letter from City of Ontario

Resolution No. 2020-009, approving PL19-0096 (General Plan Amendment)

Ordinance No. 2020-003, approving PL19-0097 (Preserve Specific Plan Amendment)

Ordinance No. 2020-004, approving PL19-0098 (Eucalyptus Business Park Specific Plan Amendment)

Ordinance No. 2020-005, amending Chapter 10.44 (Commercial Vehicles and Trucks)

10.9


RESOLUTION NO. 2020-008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR TRUCK ROUTE UPDATE, GENERAL PLAN AMENDMENT (PL19-0096), PRESERVE SPECIFIC PLAN (PL19-0097), AND EUCALYPTUS BUSINESS PARK SPECIFIC PLAN (PL19-0098). WHEREAS, the City initiated a General Plan Amendment (PL19-0096), Preserve

Specific Plan Amendment (PL19-0097), and Eucalyptus Business Park Specific Plan (PL19-0098) a recommendation to update truck routes within the City of Chino to add 0.5 miles of truck route to Monte Vista Avenue, remove 0.2 miles of truck route from Eucalyptus Avenue, 1.9 miles of Kimball Avenue, and 0.1 miles of truck route from Flight Avenue as fully described in Exhibits “A”, “B”, “C”, “D”, and “E” (the “Project”); and

WHEREAS, in compliance with the California Environmental Quality Act (CEQA),

Initial Study/Negative Declaration Truck Route Update, dated January 9, 2020 (Exhibit “E”), has been prepared by the City of Chino. The Initial Study/Negative Declaration concludes that the proposed project will not have a significant adverse effect on the environment. The Negative Declaration (ND) satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.; 14 CCR 15000 et seq.); and

WHEREAS, a Notice of Intent was prepared, and the Negative Declaration was

circulated to all responsible agencies for a 20-day public review period from January 13, 2020 to February 3, 2020 in accordance with the California Environmental Quality Act; and

WHEREAS, the Planning Commission of the City of Chino held a duly noticed

public hearing in compliance with law on February 3, 2020, entertained the written and oral report of staff, took public testimony on the proposed Project, including the draft Negative Declaration, and recommended, on a vote of 7 ayes to 0 nays, that the City Council adopt a Negative Declaration for the Project; and

WHEREAS, a notice was published in the Chino Champion newspaper on,

February 22, 2020, advising the public of a public hearing scheduled before the City Council on March 3, 2020, to consider the Project and the Planning Commission’s recommendation to approve the Negative Declaration; and

WHEREAS, the City Council of the City of Chino has completed its study of the

Negative Declaration and related materials; and

WHEREAS, on March 3, 2020, the City Council held a duly noticed public hearing for the Project in compliance with law, entertained the written and oral report of staff, and took public testimony on the Project, including the proposed Negative Declaration; and

10.9.a

Citywide Truck Route Update Packet Pg. 117

RESOLUTION NO. 2020-008 PAGE 2 OF 3

WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the proposed Project have been complied with, including noticed public hearings.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows: A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing conducted before the Planning Commission, and the public hearing conducted before the City Council, the City Council makes the following findings and takes the following actions on the Negative Declaration:

1. The City Council has considered and acted on the proposed Negative

Declaration and has complied with any comments received and considered during the public review process, prior to its consideration of the Project’s applications.

2. Based upon the independent judgment of the City Council, the Negative

Declaration is found and determined to have been completed in compliance with CEQA and is adequate for this proposed Project. The Negative Declaration is further found and determined to be consistent with the Chino General Plan.


Declaration is found and determined to have demonstrated that the Project, if approved by the City Council, will have no significant effect on the environment.


Declaration is found and determined to have satisfied the requirements of CEQA and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.).

5. The documents and other materials which constitute the record of

proceedings upon which adoption of this resolution is based, are in the custody of the City of Chino, Development Services Department, Planning Division, 13220 Central Avenue, Chino, CA 91710.

C. Adoption of a Negative Declaration. The City Council respectfully accepts

the recommendation of the Planning Commission and, based upon the independent judgment of the City Council, the Council hereby adopts the Initial Study/Negative Declaration Truck Route Update, dated January 9, 2020, prepared by the City for PL19-0096 (General Plan Amendment), PL19-0097 (Preserve Specific Plan Amendment), PL19-0098 (Eucalyptus Business Park Specific Plan Amendment).

10.9.a


RESOLUTION NO. 2020-008 PAGE 3 OF 3

D. Actions by the City Clerk. The City Clerk is hereby directed to certify as to the adoption of this Resolution as of the date set forth below. PASSED, APPROVED and ADOPTED THIS 3RD day of March 2020.

EUNICE M. ULLOA, MAYOR ATTEST:

ANGELA ROBLES, CITY CLERK State of California ) County of San Bernardino ) ss City of Chino ) I, Angela Robles, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 3rd day of March 2020, by the following votes: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:

ANGELA ROBLES, CITY CLERK Attachments: Exhibit “A” – General Plan Truck Route Map Update Exhibit “B” – The Preserve Specific Plan Truck Route Map Update Exhibit “C” – General Plan Truck Route Language Update Exhibit “D” – Eucalyptus Business Park Specific Plan Language Update Exhibit “E” – Initial Study/Negative Declaration Truck Route Update

10.9.a


EAST

END A

VE

ROSW

ELL A

VE

PIPEL

INE A

VE

NORT

ON AV

E

RAMO

NA AV

E

YORB

A AVE

TELE

PHON

E AVE

CENT

RAL A

VE

VERN

ON AV

E

BENS

ON AV

E

PHILLIPS BLVD

FRANCIS AVE

OAKS

AVE

MAGN

OLIA

AVE MO

UNTA

IN AV

E

CYPR

ESS A

VE

SAN A

NTON

IO AV

E

FERN

AVE

EUCL

ID AV

E

PHILADELPHIA ST

WALNUT AVE

RIVERSIDE DR

CHINO AVE

SCHAEFER AVE

EDISON AVE

EUCALYPTUS AVE

MAYH

EW

RINCO

N ME

ADOW

S

MILL

CREE

K AVE

MAIN

ST

FLIG

HT AV

E

HELL

MAN A

VE

REMINGTON

KIMBALL AVE

PINE AVEBICKMORE AVE

CHINO CORONA RD

MERRILL AVE

VAN

VLIET

AVE

CARP

ENTE

R AVE

MCCARTY RD

KIMBALL AVE

CHINO HILLS PKWY

GRAND AVE

RESE

RVOI

R ST

FRANCIS AVE

PHILADELPHIA ST

CENT

RAL

AVE

EL PRADO RD

EUCL

ID AV

E

EDISON AVE

MONT

E VIS

TA

PIPEL

INE A

VE

EUCALYPTUS AVE

MOUN

TAIN

AVE

PINE AVE

SAN

ANTO

NIO

FERN

AVE

BICKMORE AVE

CYPR

ESS

MONT

E VIST

A AVE

CHINO AVECHINO AVE

EUCL

ID AV

E

MAYH

EW

ENTERPRISE WAY

CHIN

O CO

RONA

RD

HELL

MAN A

VE

W PR

ESER

VE LO

OP

E PRE

SERV

E LOO

P

MAIN

ST

MARKET ST

LEGACY PARK ST

CUCA

MONG

A AVE CO

MET A

VE

TRUCK ROUTE MAP

Z

FIGURE TRA-5

LEGENDState Truck RouteLarge (38/40) Truck RouteCity of Chino Truck RouteAdjacent Agency Truck Route

CITY OF CHINOGENERAL PLAN

TRANSPORTATION ELEMENT

#

#

#

#

#

60

83

71

83

71

NORTH

Source: City of Chino Municipal Code, 2019

CITY OF CHINO

EXHIBIT "A" 10.9.a


EXHIBIT "B"10.9.a


EXHIBIT “C”

UPDATED GENERAL PLAN LANGUAGE

From page TRA-22:

Chino truck routes are located primarily on east-west oriented roadways, including Riverside Drive, portions of Schaefer Avenue, Edison Avenue, Eucalyptus Avenue, Chino Hills Parkway, Merrill Avenue, Pine Avenue, Bickmore Avenue, El Prado Road, and Kimball Avenue. Several of those routes provide a continuous truck route connection from State Route 71 to Euclid Avenue through the City of Chino. All of the north-south oriented truck routes are intentionally discontinuous because the City does not wish to facilitate “cut-through” routes for trucks to and from State Route 60; two sufficient north-south routes are already provided by Euclid Avenue and State Route 71. The north-south discontinuous routes include portions of Reservoir Avenue, East End Avenue, Pipeline Avenue, Ramona Avenue, Monte Vista Avenue, Central Avenue, Mountain Avenue, Mayhew Avenue, Cypress Avenue, San Antonio Avenue, Fern Avenue, Flight Walker Avenue, Hellman Avenue, Van Vliet Avenue, and Carpenter Avenue.

10.9.a


EXHIBIT “D”

EBPSP Proposed Language Change:

SECTION IV. SPECIFIC PLAN COMPONENTS B. Circulation and Transportation

1. Vehicular Circulationc. Major Circulation Features

(vi) Monte Vista AvenueMonte Vista Avenue. Monte Vista Avenue exists as a 2-lane undividedroadway in the specific plan area, and as a 3-lane undivided roadway tothe north. The portion of Monte Vista within the project area is closed tothrough traffic due to its poor unimproved condition. Monte Vista Avenuewill be constructed as a 4-lane undivided Secondary Arterial anddesignated as a truck route. The present offset along Monte VistaAvenue at the Chino Hills Parkway bridge over the San Antonio Channelwill likely be retained.

10.9.a


Truck Route Update 1 CEQA Initial Study

INITIAL STUDY/ NEGATIVE DECLARATION TRUCK ROUTE UPDATE

CITY OF CHINO

1. Project No: PL19-0096 (General Plan Amendment), PL19-0097 (Preserve Specific Plan Amendment)and PL19-0098 (Eucalyptus Business Park Specific Plan Amendment) – “Truck Route Update”

2. Lead Agency Name and Address: City of Chino Development Services Department, Planning Division,13220 Central Avenue, Chino, CA 91710

3. Contact Person and Phone Number: Michael Hitz, Principal Planner, (909) 334-3448

4. Project Location: Citywide including The Preserve Specific Plan and Eucalyptus Business Park SpecificPlan

5. General Plan Designation: Citywide

6. Zoning: Citywide

7. Description of the Project: The Project involves the adjustment of truck route locations in the City ofChino. Some of the changes are minor and are intended to provide clarity and continuity to theremaining truck routing both within the City of Chino and to adjacent agencies. Monte Vista Avenuebetween Eucalyptus Avenue and Chino Hills Parkway is 0.5 miles long and is currently designated inthe Chino Municipal Code as a Truck Route. The General Plan and Eucalyptus Business Park SpecificPlan are being updated with this change to the truck route. A 0.2 mile segment of Eucalyptus Avenuebetween Fern Avenue and Euclid Avenue is being removed as a designated truck route as it providesno necessary connectivity. A significant change to the truck route is the removal of 1.9 miles ofKimball Avenue from Mayhew Avenue to Hellman Avenue and the removal 0.1 miles of Flight Avenue(formally Walker Avenue) between Enterprise Way and Kimball Avenue. With the continued buildoutof the Preserve master development, alternative, more appropriate trucks routes and connectionsto truck routes exist to provide connectivity to industrial and commercial centers while minimizingimpacts to residential centers. The resulting adjustments will result in a reduction from 51.2 miles ofcurrent truck route to a 49.5 miles of truck route with a net reduction of 1.7 miles of citywide truckroute. Discretionary approvals requested from the City of Chino include a General Plan Amendment(PL19-0096), Preserve Specific Plan Amendment (PL19-0097), and Eucalyptus Business Park SpecificPlan Amendment (PL19-0098).

8. Surrounding Land Uses and Setting: The changes to the City’s truck routes are citywide and includeindustrial, commercial, and residential areas within the Preserve Specific Plan and Eucalyptus

EXHIBIT "E" 10.9.a



Business Park Specific Plan areas. Truck routes provide dedicated connectivity to industrial and commercial land uses and minimize disturbances to residential land uses.

9. Other public agencies whose approval is required: Changes to truck routes occur solely within the

City of Chino’s jurisdictional boundaries. Truck routes are designated in coordination with adjacent agencies to ensure appropriate and seamless connectivity across jurisdictional boundaries.

10.9.a


10.9.a



EVALUATION OF ENVIRONMENTAL IMPACTS

1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.

4) “Negative Declaration: Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described in (5) below, may be cross-referenced).

5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (d). In this case, a brief discussion should identify the following:

(a) Earlier Analysis Used. Identify and state where they are available for review.

(b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

(c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.

8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.

10.9.a



9) The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than significant.

Potentially Significant

Impact

Less than Significant with

Mitigation Incorporated

Less than Significant

Impact

No Impact

I. AESTHETICS Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore there are no impacts to scenic vistas. b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore there are no impacts to scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway. As such, no impact would occur. c) Substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?

☐ ☐ ☐ ☒

The Project is located in an urbanized area, however, the project involves adjustments to truck routes in the City of Chino and no construction, therefore there are no conflicts with applicable regulations governing scenic quality, no impact would occur. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore there is no impact, since there are no new sources of substantial light or glare that would adversely affect day or nighttime views in the area.

10.9.a



II. AGRICULTURE AND FORESTRY RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non-agricultural use?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore there are no impacts to Prime Farmland, Unique Farmland or Farmland of Statewide Importance. As such, no impact will occur. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore there are no conflicts with existing zoning for agricultural use, or a Williamson Contract. As such, no impact will occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore there are no conflicts with existing zoning, or cause of rezoning of, forest land, timberland, or timberland zoned Timberland Production. As such, no impact will occur. d) Result in the loss of forest land or conversion of forest land to non-forest use?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore there is no loss of forest land or conversion of forest land to non-forest use. As such, no impact will occur. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore there are no changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. As such, no impact will occur.

10.9.a



III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in any conflicts with or obstruct the implementation of the applicable air quality plan. Furthermore, the project does not change any existing land use or zoning. As such, no impact will occur. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino. Since no construction will occur, there will be no short-term impacts from construction related activities such as excavation and grading, machinery and equipment, or from vehicle emissions from construction employees. The change to truck routing will not result in an increase in the generation of regional air pollution in the South Coast Air Basin. Therefore, the project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. As such, no impact will occur. c) Expose sensitive receptors to substantial pollutant concentrations? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino. Since no construction will take place, there will be no short-term impacts from construction related activities such as excavation and grading, machinery and equipment, or from vehicle emissions from construction employees. The change to truck routing will not result in an increase in the generation of regional air pollution in the South Coast Air Basin. Therefore, the project would not expose sensitive receptors to substantial pollutant concentrations. As such, no impact will occur. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in other emissions, such as odors, that would adversely affect a substantial number of people. As such, no impact will occur. IV. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service?

☐ ☐ ☐ ☒

10.9.a



The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have an impact on any habitats, or any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service. As such, no impact will occur. b) Have a substantially adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have an impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. As such, no impact will occur. c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. As such, no impact will occur. d) Interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not interfere substantially with the movement of any resident or migratory fish or wildlife species, or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites. As such, no impact will occur.

e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. As such, no impact will occur. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan?

☐ ☐ ☐ ☒

10.9.a



The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state habitat conservation plan. As such, no impact will occur. V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not cause any changes in the significance of a historical resource. As such, no impact will occur. b) Cause a substantial adverse change in the significance of an archaeological resources pursuant to Section 15064.5?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not cause any changes in the significance of an archaeological resource. As such, no impact will occur. c) Disturb any human remains, including those interred outside of formal cemeteries?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not disturb any human remains, including those interred outside of formal cemeteries. As such, no impact will occur. VI. ENERGY Would the project: a) Result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. As such, no impact will occur. b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. As such, no impact will occur.

10.9.a



VII. GEOLOGY AND SOILS Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not rupture a known earthquake fault. As such, no impact will occur. (ii) Strong seismic ground shaking? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not include any seismic ground shaking. As such, no impact will occur. (iii) Seismic-related ground failure, including liquefaction? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in any seismic-related ground failure. As such, no impact will occur. (iv) Landslides? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in any risk of landslide. As such, no impact will occur. b) Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in any soil erosion or loss of topsoil. As such, no impact will occur. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. As such, no impact will occur. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?

☐ ☐ ☐ ☒

10.9.a



The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not be located on expansive soil that would create substantial direct or indirect risks to life of property. As such, no impact will occur. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not install any septic tanks or alternative waste water disposal systems. As such, no impact would occur. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. As such, no impact will occur. VIII. GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Furthermore, as no land use or zoning is part of this project, no net change in vehicle traffic is expected to occur that has not already been identified and mitigated previously. As such, no impact will occur. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. As such, no impact will occur. IX. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. As such, no impact will occur.

10.9.a



b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. As such, no impact will occur. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. As such, no impact would occur. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not be located on a site which is included on a list of hazardous materials sites that would result in the creation of a significant hazard to the public or the environment. As such, no impact would occur. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, and would not result in a safety hazard or excessive noise for people residing or working in the project area. As such, no impact would occur. f) Impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not impair implementation of, or physically interfere with an adopted emergency response plan or emergency evacuation plan. As such, no impact would occur.

10.9.a



g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. As such, no impact would occur. X. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. As such, no impact would occur. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin. As such, no impact would occur. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: (i) Result in substantial erosion or siltation on- or off-site? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces that would result in substantial erosion or siltation on or off site. As such, no impact would occur. (ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces that would result in a substantial increase to the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. As such, no impact would occur.

10.9.a



(iii) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces that would create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. As such, no impact would occur. (iv) Impede or redirect flood flows? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces that would Create or contribute runoff which would impede or redirect flood flows. As such, no impact would occur. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not be at risk of being a flood hazard, a tsunami rise or in a seiche zone that would result the release of pollutants due to project inundation. As such, no impact would occur. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. As such, no impact would occur. XI. LAND USE AND PLANNING Would the project: a) Physically divide an established community? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not physically divide an established community. As such, no impact would occur. b) Cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

☐ ☐ ☐ ☒

10.9.a



The project involves adjustments to truck routes in the City of Chino and no construction. The project includes amendments to the General Plan, Preserve Specific Plan, and Eucalyptus Business Park Specific Plan. Amending these plans would result in consistency between various documents and therefore would not cause a significant environmental impact due to a conflict with any land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect. XII. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. As such, no impact would occur. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. As such, no impact would occur. XIII. NOISE Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not generate substantial temporary or permanent increase in ambient noise levels in excess of the standards established in the local general plan or noise ordinance. As such, no impact would occur. b) Generation of excessive ground borne vibration or groundborne noise levels?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not generate excessive groundborne vibration or groundborne noise. As such, no impact would occur. c) For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?

☐ ☐ ☐ ☒

10.9.a



The project involves adjustments to truck routes in the City of Chino citywide including routes adjacent to a local airport. However, there is no construction related to this project, therefore the project would not expose people residing or working in the project area to excessive noise levels. As such, no impact would occur. XIV. POPULATION AND HOUSING Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not induce substantial unplanned population growth in the area or City either directly or indirectly. As such, no impact would occur. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not displace substantial numbers of existing people or housing. As such, no impact would occur. XV. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? a) Fire protection? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have any impact on fire protection. b) Police protection? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have any impact on police protection. c) Schools? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have any impact on any schools.

10.9.a



d) Parks? ☐ ☐ ☐ ☒ (Source: Project Application Materials)

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have any impact on any parks. e) Other public facilities? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have an impact on any other public facilities. XVI. RECREATION a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. As such, no impact would occur. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

☐ ☐ ☐ ☒

(Source: Project Application Materials)

The project involves adjustments to truck routes in the City of Chino and no construction, and does not require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. As such, no impact would occur. XVII. TRANSPORTATION Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?

☐ ☐ ☒ ☐

Implementation of the proposed project involves adjustments to truck routes in the City of Chino and no construction. The proposed changes are designed to reduce truck traffic in residential and other sensitive land uses and utilizing more appropriate existing truck routes and on some truck routes that are being widened related to active development without impacting the overall circulation of the Chino transportation system. As a result, a less than significant impact would occur. b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3(b)?

☐ ☐ ☐ ☒

10.9.a



Pursuant to CEQA Guidelines Section 15064.3(c), the City has until July 1, 2020, to implement CEQA Guidelines Section 15064.3(b). At the time of writing this Initial Study, the City of Chino had not implemented CEQA Guidelines Section 15064.3(b). Additionally, this project involves adjustments to truck routes in the City of Chino and no construction. The project does not result in additional vehicle demand nor additional vehicle travel thus resulting in no impact to “vehicle miles traveled”. Therefore, there is no conflict with CEQA Guidelines Section 15064.4(b). c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, and does not require any new design features. Furthermore, the project aims to be more compatible with existing and future uses. Thus, there would be no impact. d) Result in inadequate emergency access? ☐ ☐ ☐ ☒ The project involves adjustments to truck routes in the City of Chino and no construction, as such no change to existing or future emergency access is expected. Thus, no impact would occur. XVIII. TRIBAL CULTURAL RESOURCES Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project is not site specific. Therefore, there are no impacts to any tribal cultural resource listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources. As such, no impact would occur. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

☐ ☐ ☐ ☒

On October 31, 2019, the City of Chino sent notification of the proposed Project to the Native American tribes with possible traditional or cultural affiliation to the area to inquire if they desired consultation on this project. No consultation was requested from any of the Native American tribes with possible traditional or cultural affiliation that were notified. The Project will not cause a substantial adverse change in the significance of a tribal cultural resource. As such, there will be no impact.

10.9.a



XIX. UTILITIES AND SERVICE SYSTEMS Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction of which could cause significant environmental effects?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction of which could cause significant environmental effects. As such, no impact would occur. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not require any water supplies. As such, no impact would occur. c) Result in a determination by the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not produce any wastewater that would require additional capacity. As such, no impact would occur. d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not produce any solid waste. As such, no impact would occur. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not produce any solid waste. As such, no impact would occur.

10.9.a



XX. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan?

☐ ☐ ☐ ☒

b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?

☐ ☐ ☐ ☒

c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary on ongoing impacts to the environment?

☐ ☐ ☐ ☒

d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have any impact on very high fire hazard severity zones. No impact would occur and no further analysis of this topic is required. XXI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. As such, no impact would occur. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction. The project would not have impacts that are individually limited, nor would the incremental effect of the project be considerable when viewed in connection of the effects of past projects, other current projects or future projects. As such, no impact will occur.

10.9.a



c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?

☐ ☐ ☐ ☒

The project involves adjustments to truck routes in the City of Chino and no construction, therefore the project would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. As such, no impact will occur.

10.9.a


EXHIBIT "F" 10.9.a


10.9.a


RESOLUTION NO. 2020-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO THE TRUCK ROUTE MAP FOR THE CITY OF CHINO (GENERAL PLAN AMENDMENT PL19-0096).

WHEREAS, the City of Chino initiated a General Plan Amendment (PL19-0096),

Preserve Specific Plan Amendment (PL19-0097), and Eucalyptus Business Park Specific Plan (PL19-0098) a recommendation to update truck routes within the City of Chino to add 0.5 miles of truck route to Monte Vista Avenue, remove 0.2 miles of truck route from Eucalyptus Avenue, 1.9 miles of Kimball Avenue, and 0.1 miles of truck route from Flight Avenue. The amendments to the General Plan are fully described in Exhibits “A”, and “B” (the “Project”); and

WHEREAS, in compliance with the California Environmental Quality Act (CEQA),

Initial Study/Negative Declaration Truck Route Update, dated January 9, 2020, has been prepared by the City of Chino. The Initial Study/Negative Declaration concludes that the proposed project will not have a significant adverse effect on the environment. The Negative Declaration (ND) satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.; 14 CCR 15000 et seq.); and

WHEREAS, the Planning Commission of the City of Chino held a duly noticed

public hearing in compliance with law on February 3, 2020, entertained the written and oral reports of staff, took public testimony on the proposed Project, including the Negative Declaration, and recommended, on a vote of 7 ayes to 0 nays, that the City Council approve the General Plan Amendment (PL19-0086); and

WHEREAS, a notice was published in the Chino Champion newspaper on

February 22, 2020 advising the public of a public hearing scheduled before the City Council on March 3, 2020, to consider the Project and the Planning Commission’s recommendation to approve the General Plan Amendment (PL19-0096); and

WHEREAS, on March 3, 2020, the City Council held a duly noticed public hearing

for the Project in compliance with law, entertained the written and oral reports of staff, and took public testimony on the Project, including the proposed General Plan Amendment; and

WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the proposed Project have been complied with, including noticed public hearings. NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

10.9.b


RESOLUTION NO. PC2020-002 Page 2 of 4

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on PL19-0096 (General Plan Amendment):

1. PL19-0096 (General Plan Amendment)

a. The proposed General Plan amendment is internally consistent with the

General Plan, including the following policy and objectives of the General Plan: Objective TRA-1.1 which encourages the development and maintenance of a street network that meet’s Chino’s needs and responds to new development. As new development has occurred, the need to modify the existing routing of trucks supports existing and future businesses by ensuring direct and convenient routes exist while reducing the impact to residential and other sensitive land uses by rerouting truck routes away from such areas. Objective TRA-3.1 which encourages support of businesses in Chino that depend on trucking while also limiting impacts of trucking to the roadway system. The proposed modification to the General Plan allows for existing and future businesses reliant on trucking to continue to access convenient and reasonable truck routes to appropriate land uses. The proposed General Plan amendment will remove the truck route designation from approximately 1.9 miles of Kimball Avenue from future Mayhew Avenue to Hellman Avenue, 0.1 miles of Flight Avenue (formally Walker Avenue) from Enterprise Way to Kimball Avenue, and 0.2 miles of Eucalyptus Avenue from Fern Avenue to Euclid Avenue while adding 0.5 miles of Monte Vista Avenue from Eucalyptus Avenue to Chino Hills Parkway for a net change of 1.7 miles of truck route removal from the originally General Plan designated truck route network (Exhibits A and B).

b. The proposed General Plan amendment will not be detrimental to the public

interest, health, safety, convenience, or welfare of the City, as the modification of the truck routes will continue to provide direct, reasonable and convenient truck routes along industrial collector and major street segments designed for truck traffic while reducing truck routes adjacent to residential and other sensitive land use areas.

c. The proposed General Plan amendment will maintain an appropriate balance of truck routes within the City, related to the adjacent land uses served by these routes. No land uses changes are proposed with this amendment. Therefore, there are no impacts to the balance of land uses within the City.

10.9.b



d. The proposed General Plan amendment only includes amendments to truckroutes throughout the City and does not include any amendments to theGeneral Plan Land Use Map.

2. CEQA Findings. An Initial Study / Negative Declaration (ND) has been prepared for this project pursuant to Sections 15070 through 15075 of the California Environmental Quality Act (CEQA) Guidelines that concludes, the proposed Project will not have a significant adverse effect on the environment. The Negative Declaration satisfies the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and

3. Approval of PL19-0096 (General Plan Amendment). The City Council respectfully accepts the recommendation of the Planning Commission and, by this resolution, hereby approves PL19-0096 (General Plan Amendment); and

4. Actions by the City Clerk. The City Clerk is hereby directed to certify as to the adoption of this Resolution as of the date set forth below.

PASSED, APPROVED and ADOPTED THIS 3RD day of March 2020.

___________________________ EUNICE M. ULLOA, MAYOR

ATTEST:

_______________________________ ANGELA ROBLES, CITY CLERK

10.9.b



State of California ) County of San Bernardino ) ss City of Chino ) I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was fully adopted by the City Council at a regular meeting held on the 3rd day of March 2020, by the following votes: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _______________________________ ANGELA ROBLES, CITY CLERK Attachments: Exhibit “A” – General Plan Truck Route Map Update Exhibit “B” – General Plan Truck Route Language Update

10.9.b


EXHIBIT “A”

10.9.b


EXHIBIT “B” UPDATED GENERAL PLAN LANGUAGE From page TRA-22: Chino truck routes are located primarily on east-west oriented roadways, including Riverside Drive, portions of Schaefer Avenue, Edison Avenue, Eucalyptus Avenue, Chino Hills Parkway, Merrill Avenue, Pine Avenue, Bickmore Avenue, El Prado Road, and Kimball Avenue. Several of those routes provide a continuous truck route connection from State Route 71 to Euclid Avenue through the City of Chino. All of the north-south oriented truck routes are intentionally discontinuous because the City does not wish to facilitate “cut-through” routes for trucks to and from State Route 60; two sufficient north-south routes are already provided by Euclid Avenue and State Route 71. The north-south discontinuous routes include portions of Reservoir Avenue, East End Avenue, Pipeline Avenue, Ramona Avenue, Monte Vista Avenue, Central Avenue, Mountain Avenue, Mayhew Avenue, Cypress Avenue, San Antonio Avenue, Fern Avenue, Flight Walker Avenue, Hellman Avenue, Van Vliet Avenue, and Carpenter Avenue.

10.9.b


ORDINANCE NO. 2020-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, AMENDING THE PRESERVE SPECIFIC PLAN TO MODIFY THE TRUCK ROUTES. PL19-0097 (PRESERVE SPECIFIC PLAN AMENDMENT).

WHEREAS, City staff of the City of Chino (the “Applicant”) is recommending changing the City of Chino truck route designation of streets within The Preserve Specific Plan area as described in Exhibit “A” (the “Project”); and

WHEREAS, the City adopted The Preserve Specific Plan in March 2003; and

WHEREAS, in compliance with the California Environmental Quality Act (CEQA), Initial Study/Negative Declaration Truck Route Update, dated January 9, 2020, has been prepared by the City of Chino. The Initial Study/Negative Declaration concludes that the proposed project will not have a significant adverse effect on the environment. The Negative Declaration (ND) satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.; 14 CCR 15000 et seq.); and

WHEREAS, the City of Chino Municipal Code establishes procedures on how to amend the specific plan as described in Section 20.23.050; and

WHEREAS, a General Plan Amendment (PL19-0096) is being proposed concurrently to amend the Circulation Element truck routes of the General Plan consistent with the proposed Preserve Specific Plan Amendment; and

WHEREAS, the proposed Project will not adversely affect the harmonious

relationship with the adjacent neighborhoods and land uses; and WHEREAS, all provisions of the California Government Code and Chino

Municipal Code related to the proposed Project have been complied with; and WHEREAS, the Planning Commission of the City of Chino held a public hearing

on February 3, 2020 concerning the proposed Project, received and considered public testimony, adopted Resolution No. PC2020-003, recommending the City Council approve PL19-0097 (Preserve Specific Plan Amendment), and adopted Resolution No. PC2020-003, recommending the City Council approve the changes to truck routes; and

WHEREAS, on March 3, 2020, the City Council held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and considered public testimony on the Project.

10.9.c



NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows: A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on PL19-0097 (Preserve Specific Plan Amendment):

1. PL19-0097 (Preserve Specific Plan Amendment)

a. The proposed specific plan amendment is internally consistent with the General Plan because an amendment to the General Plan is being concurrently processed to change the existing citywide truck routes. The proposed truck route update would meet several General Plan objectives, including providing viable trucking connections to businesses, reducing impacts of truck routes on residential, school and other sensitive land uses within The Preserve, and maintaining and growing a strong industrial sector.

b. The proposed amendment will not be detrimental to the public interest,

health, safety, convenience or welfare of the City as the truck route change will remove routes within residential areas while maintaining routes in and around businesses requiring trucking. Furthermore, the truck route change removes truck routes from streets adjacent to existing or planned residential neighborhoods or sensitive receptors and, therefore, would not have negative impacts on the health, safety and welfare of such neighborhoods.

c. The proposed amendment will maintain an appropriate balance of truck

routes within the City, as the amendment will not significantly reduce the amount of truck routes within the City by approximately 1.7 miles. Approximately 49.0 miles of truck route will still remain within the City limits. No land uses changes are proposed with this amendment. Therefore, there are no impacts to the balance of land uses within the City.

d. The proposed truck route change is physically suitable, including, but not limited to location, access to trucking dependent businesses, connectivity with adjoining agencies, situated near existing and future planned trucking dependent business land uses. Section V Figure 12 of The Preserve Specific Plan will be replaced with an amended exhibit (Exhibit B) reflecting the change to the truck routes, as amended by the proposed specific plan amendment. In addition, all necessary changes to signage will be performed by city forces after City Council approval. There are no proposed changes to the Preserve Specific Plan land use map with this amendment.

10.9.c



2. The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1: Figure 12 (Truck Routes) of The Preserve Specific Plan is hereby amended to change the truck route street designation removing 1.9 miles of Kimball Avenue from future Mayhew Avenue to Hellman Avenue and remove 0.1 miles of Flight (formerly Walker) Avenue from Enterprise Way and Kimball Avenue as described in Exhibit “A”.

Section 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino declares that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of any determination of invalidity.

Section 3: 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 a newspaper of general circulation, printed and published within said City in accordance with the provisions of the Government Code.

PASSED, APPROVED and ADOPTED THIS 17TH day of March 2020. ___________________________ EUNICE M. ULLOA, MAYOR ATTEST: ____________________________ ANGELA ROBLES, CITY CLERK

10.9.c



State of California ) County of San Bernardino ) § City of Chino ) I, Angela Robles, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 17th day of March 2020, by the following votes: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ ANGELA ROBLES, CITY CLERK Attachment: Exhibit “A” – Amended Figure 12 – The Preserve Truck Route

10.9.c


EXHIBIT "A"10.9.c


ORDINANCE NO. 2020-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, AMENDING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN TO CHANGE TRUCK ROUTES. PL19-0098 (EUCALYPTUS BUSINESS PARK SPECIFIC PLAN AMENDMENT).

WHEREAS, the City (the “Applicant”) is recommending changing the City of Chino truck route designation of streets within the Eucalyptus Business Park Specific Plan (EBPSP) area as described in Exhibit “A” (the “Project”); and

WHEREAS, the EBPSP was approved by the City of Chino Planning Commission on September 17, 1990 and subsequently by the City Council on December 18,1990; and

WHEREAS, in compliance with the California Environmental Quality Act (CEQA), Initial Study/Negative Declaration Truck Route Update, dated January 9, 2020, has been prepared by the City of Chino. The Initial Study/Negative Declaration concludes that the proposed project will not have a significant adverse effect on the environment. The Negative Declaration (ND) satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.; 14 CCR 15000 et seq.); and

WHEREAS, the City of Chino Municipal Code establishes procedures on how to

amend the specific plan as described in Section 20.23.050; and

WHEREAS, a General Plan Amendment (PL19-0096) is being proposed concurrently to amend the Circulation Element truck routes of the General Plan consistent with the proposed Eucalyptus Business Park Specific Plan Amendment; and

WHEREAS, the City Council has completed its study of the proposed Eucalyptus

Business Park Specific Plan Amendment and related materials; and WHEREAS, the proposed Project will not adversely affect the harmonious

relationship with the adjacent neighborhoods and land uses; and WHEREAS, all provisions of the California Government Code and Chino

Municipal Code related to the proposed Project have been complied with; and WHEREAS, the Planning Commission of the City of Chino held a public hearing

on February 3, 2020 concerning the proposed Project, received and considered public testimony, adopted Resolution No. PC2020-004, recommending the City Council approve PL19-0098 (Eucalyptus Business Park Specific Plan Amendment), and adopted Resolution No. PC2020-004, recommending the City Council approve the changes to truck routes; and

WHEREAS, on March 3, 2020, the City Council held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of

10.9.d



the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and considered public testimony on the Project. NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows: A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on PL19-0098 (Eucalyptus Business Park Specific Plan Amendment):

1. PL19-0098 (Eucalyptus Business Park Specific Plan Amendment)

a. The proposed EBPSP Amendment is internally consistent with the General Plan, as the amendment to modify truck routes is intended to provide increased connectivity for businesses requiring trucking routes and will be consistent with the City’s Zoning Code. The proposed amendment serves General Plan Goals TRA-1 and TRA-3, and Objectives TRA-1.1 and TRA-3.1, which aim to development and maintain a street network that meet’s Chino’s needs and responds to new development while preserving or enhancing the City’s distinctive qualities. The proposed EBPSP Amendment also aims to support businesses in Chino that depend on trucking while limiting impacts of trucking to the roadway system. The proposed amendment does not conflict with the goals and policies of the General Plan or EBPSP. The proposed EBPSP Amendment adds Monte Vista Avenue from Eucalyptus Avenue to Chino Hills Parkway as a truck route (Exhibit D). This Amendment will create an addition of 0.5 miles of truck route to the original truck route network within the EBPSP.

b. The proposed EBPSP Amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City, as the proposed amendments will simply add an additional truck route within the EBPSP area.

c. The proposed EBPSP amendment will maintain an appropriate balance of

truck routes within the EBPSP area, related to the adjacent industrial land uses served by these routes. No land uses changes are proposed with this amendment. Therefore, there are no impacts to the balance of land uses within the City.

d. The EBPSP Amendment only includes an amendment to a truck route within the EBPSP area and does not include any amendments to the specific plan land use map.

10.9.d



2. The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1: Section IV.B.1.c.vi (Circulation on Monte Vista Avenue) of the Eucalyptus Business Park Specific Plan is hereby amended to change the truck route street designation by adding 0.5 miles of Monte Vista Avenue from Eucalyptus Avenue to Chino Hills Parkway as described in Exhibit “A”.

Section 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Chino declares that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of any determination of invalidity.

Section 3: 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 a newspaper of general circulation, printed and published within said City in accordance with the provisions of the Government Code.

PASSED, APPROVED and ADOPTED THIS 17TH day of March 2020. ___________________________ EUNICE M. ULLOA, MAYOR ATTEST: ____________________________ ANGELA ROBLES, CITY CLERK

10.9.d



State of California ) County of San Bernardino ) § City of Chino ) I, Angela Robles, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 17th day of March 2020, by the following votes: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________ ANGELA ROBLES, CITY CLERK Exhibit “A” – Eucalyptus Business Park Specific Plan Language Update

10.9.d


EXHIBIT “A” EBPSP Proposed Language Change: SECTION IV. SPECIFIC PLAN COMPONENTS

B. Circulation and Transportation 1. Vehicular Circulation

c. Major Circulation Features (vi) Monte Vista Avenue

Monte Vista Avenue. Monte Vista Avenue exists as a 2-lane undivided roadway in the specific plan area, and as a 3-lane undivided roadway to the north. The portion of Monte Vista within the project area is closed to through traffic due to its poor unimproved condition. Monte Vista Avenue will be constructed as a 4-lane undivided Secondary Arterial and designated as a truck route. The present offset along Monte Vista Avenue at the Chino Hills Parkway bridge over the San Antonio Channel will likely be retained.

10.9.d



AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SECTION 10.44.020 (COMMERCIAL VEHICLE/TRUCK DESIGNATED TRUCK ROUTES) OF THE CHINO MUNICIPAL CODE.

WHEREAS, on February 3, 2020, City staff of the City of Chino (the “Applicant”) requested consideration of updating truck routes within the City of Chino to the Planning Commission; and

WHEREAS, on July 6, 2010, the City Council adopted the Chino Envision 2025

General Plan; and WHEREAS, the General Plan Circulation Element contains a thorough discussion

of the street segments that are designated as truck routes, whose purpose is to provide truck connectivity to businesses requiring truck traffic while reducing truck traffic impacts near residential neighborhoods and other sensitive land uses like parks and schools; and

WHEREAS, in compliance with the California Environmental Quality Act (CEQA), Initial Study/Negative Declaration Truck Route Update, dated January 9, 2020, has been prepared by staff that concludes the proposed project will not have a significant adverse effect on the environment. Potentially significant effects were identified, and mitigation measures have been incorporated to ensure the effects remain at less than significant levels. The Negative Declaration (ND) satisfies the requirements of CEQA and the CEQA Guidelines (California Public Resources Code, Section 21000 et seq.; 14 CCR 15000 et seq.); and

WHEREAS, the General Plan established truck routes on both existing streets and

on future streets that have not been built yet; and

WHEREAS, in March 2003, the City Council adopted The Preserve Specific Plan (PSP); and

WHEREAS, in December 1990, the City Council adopted the Eucalyptus Business

Park Specific Plan (EBPSP); and

WHEREAS, a General Plan Amendment (PL19-0096), an amendment to The PSP (PL19-0097) and an amendment to the EBPSP (PL19-0098) are being processed concurrently to amend the truck routes making each document consistent with each other and the proposed changes herein; and

WHEREAS, California Vehicle Code (CVC) 35701 gives cities the authority, by ordinance, to prohibit the use of a street by any commercial vehicle or by any vehicle exceeding a maximum gross weight; and

10.9.e



WHEREAS, the proposed changes to the City of Chino truck routes complies with CVC 35701; and

WHEREAS, new street segments have been or are nearing completion that

provide reasonable alternative truck routes for the routes; and

WHEREAS, this Chino Municipal Code (10.44.020) designates truck routes on existing streets, consistent with the goals and policies of the General Plan.

NOW THEREFORE, the City Council of the City of Chino does hereby ordain as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public

hearing, the City Council makes the following findings and takes the following:

1. Chino Municipal Code Section 10.44.020 is amended to read as follows: 10.44.020 - Truck Routes – Designated.

A. The following streets and portions of streets are designated and established as commercial vehicle/truck routes:

1. Bickmore Avenue, from Mountain Avenue to Mayhew Avenue Euclid Avenue

2. Carpenter Street, from Remington Street to Merrill Avenue

3. Central Avenue, from State Route 71 to one thousand five hundred feet north of Schaefer Avenue

4. Central Avenue, from State Route 60 to Philips Boulevard north city limits

5. Chino Hills Parkway, from west city limits to Central Avenue

6. Cypress Avenue (north/south), from Kimball Avenue to Cypress Avenue

(east/west)

7. Cypress Avenue (east/west), from Mountain Avenue to Cypress Avenue

(north/south)

8. East End, from one thousand three hundred twenty feet north of Riverside Avenue to north city limits

9. Edison Avenue, from Pipeline Avenue west to Euclid Avenue east city limits

10. El Prado Road, from Central Avenue to Pine Avenue

11.

Eucalyptus Avenue, from Pipeline Avenue to Central Avenue

Eucalyptus Avenue, from Fern Avenue to Euclid Avenue

12. Fern Avenue, from Bickmore Avenue to Kimball Avenue

10.9.e



13. Flight Avenue (formally Walker Avenue), from Enterprise Way to Merrill

Avenue

14. Grand Avenue, from west city limits to Pipeline Avenue

15. Hellman Avenue, from Merrill Kimball Avenue to River Road

16. Kimball Avenue, from El Prado Road to Mayhew Avenue Hellman Avenue

17. Mayhew Avenue, from Pine Avenue to Kimball Avenue

18. Merrill Avenue, from Euclid Avenue to Carpenter Avenue east city limits

19. Monte Vista Avenue, from Chino Hills Parkway to Schaefer Avenue

20. Mountain Avenue, from El Prado Road to Kimball Avenue

21. Mountain Avenue, from Edison Avenue to Schaefer Avenue

22. Mountain Avenue, from State Route 60 to north city limits

23. Pine Avenue, from El Prado Road to Hellman Avenue

24. Pipeline Avenue, from Eucalyptus Avenue (East) to Schaefer Avenue

25. Ramona Avenue, from Chino Hills Parkway south city limits to Riverside

Drive

26. Remington Street, from Flight Avenue westerly terminus (west of Carpenter

Street) to Carpenter Street east city limits

27. Reservoir Street, from Riverside Drive to north city limits

28. Riverside Drive, from west city limits to Euclid Avenue east city limits

29. San Antonio Avenue, from Bickmore Avenue to Kimball Avenue

30. Schaefer Avenue, from Pipeline Avenue to Mountain Avenue

31. Van Vilet Avenue, from Merrill Avenue to Remington Avenue

B. Appropriate signs shall be erected indicating the street affected. Such signs shall be erected at all intersections of truck routes and at all intersections of designated routes with the boundary lines of the City.

Section 2: The City Council finds that this Ordinance is within the scope of the Envision Chino 2025 General Plan Program Environmental Impact Report (EIR), which adequately describes the activity for the purposes of the California Environmental Quality Act, based upon the following findings:

A. There are no substantial changes proposed in the project which require major revisions to the EIR, due to either new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

B. No substantial changes are occurring with respect to the circumstances under which the project is being undertaken which require major revisions to the

10.9.e



EIR, due to either new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

C. There is no new information of substantial importance that would show the project to have any significant effects not discussed in the previous EIR, previously examined significant effects will not be substantially more severe, no mitigation measures found to be infeasible would be rendered feasible to reduce significant effects of the project, and mitigation measures or alternatives considerably different from those analyzed in the previous EIR would not substantially reduce one or more significant effects on the environment from the project.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. Section 4. 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 a newspaper of general circulation printed and published within the City in accordance with the provisions of the Government Code. ADOPTED THIS 17TH DAY OF MARCH 2020.

EUNICE ULLOA, MAYOR ATTEST:

ANGELA ROBLES, CITY CLERK

10.9.e



STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) § CITY OF CHINO ) I, Angela Robles, 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 17th day of March 2020 by the following votes: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: By: Angela Robles, City Clerk

10.9.e





OFFICE OF THE CITY ATTORNEY


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: FRED GALANTE, CITY ATTORNEY SUBJECT: AMENDMENTS TO TITLE 20 - ZONING OF THE CHINO MUNICIPAL CODE.

RECOMMENDATION

Conduct the public hearing and approve the introduction of Ordinance No. 2020-006, amending sections of Title 20 of the Chino Municipal Code relating to accessory dwelling units, junior accessory dwelling units, bonus density incentives, other related structures to be read by number and title only and waive further reading of the ordinance.

FISCAL IMPACT

There is no financial impact.

10.10


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: AMENDMENTS TO TITLE 20 - ZONING OF THE CHINO MUNICIPAL CODE PAGE 2 BACKGROUND

The California State Legislature, in its 2019-2020 legislative session, enacted numerous laws affecting local agencies. Respective to the City’s planning division, many of these laws centered on housing densities and zoning regulations. City staff has worked with the City Attorney’s office and determined that amendments to Title 20 of the Chino Municipal Code are necessary. Specifically, staff is proposing changes to accessory dwelling units, junior accessory dwelling units, bonus density incentives, other accessory structures.

ISSUES/ANALYSIS

The proposed ordinance includes minor changes to the ordinance as recommended for adoption by the Planning Commission. These changes fix minor typographical errors, makes a minor modification to the parking requirements for Accessory Dwelling Units (ADUs) to make the ordinance consistent with state law, and modifies a setback requirement to make the ADU requirements consistent with the rest of the zoning code. These changes are consistent with the recommendation of the Planning Commission.

This proposed ordinance will consist of modifications and additions to Chapter 20.04 (Residential Land Uses), Chapter 20.05 (Mixed Use Land Uses), Chapter 20.08 (Agriculture, Open Space and Public Zoning Districts), Chapter 20.09 (Overlay Districts), Chapter 20.11 (Accessory Structures), Chapter 20.14 (Residential Density Bonuses), Chapter 20.23 (Administration), and Chapter 20.24 (Glossary).

The proposed ordinance addresses new requirements adopted by the California State Legislature, including but not limited to, Senate Bill 13, Assembly Bill 68, and Assembly Bill 881. Collectively, the proposed modifications and additions will address accessory dwelling units, junior accessory dwelling units (JADU’s), other accessory structures (OAS), and density bonus incentives.

As a brief background, ADUs are small, independent dwelling units located on the same lot as a residential property. The City’s current policies regulate, among other requirements, the size, setback requirements, and zoning designation where ADUs are appropriate. Ordinance No. 2020-006 will allow ADUs on lots with single-family or multi-family dwelling units. Additionally, detached ADUs may be 1,200 square feet or 50% of the primary dwelling. This is a 350 square foot increase for detached ADUs and a 25% increase for attached ADUs. Beyond increasing ADU size, the proposed ordinance also incorporates JADUs, which are defined as being no more than 500 square feet and contained within or attached to a single-family residence. Previously, JADUs were not codified in the CMC. However, given the State’s effort to increase housing opportunities, JADUs are now recognized in the City of Chino with their proposed regulations corresponding with state law.

The ordinance’s remaining portions cover OASs and density bonus incentives. OASs include habitable and non-habitable accessory structures. Habitable structures are like ADUs but lack certain independent living facilities (i.e. a kitchen). Non-habitable structures include sheds or other storage facilities. Ordinance No. 2020-006 will increase the habitable structure’s allowed livable space from 850 to 1,200 square feet; likewise, non-habitable structure sizes will no longer be limited to 80% of the primary dwelling unit. On the latter, the ordinance will rely on certain development standards for non-habitable structures dependent on the zoning designations.

Lastly, density bonuses serve as an incentive for developers to construct more affordable

10.10


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: AMENDMENTS TO TITLE 20 - ZONING OF THE CHINO MUNICIPAL CODE PAGE 3 housing in exchange for more housing units, and thus, an opportunity for increased revenues. The State often changes laws associated with density bonus incentives. As such, the new CMC language will simply comply with the appropriate Government Code sections covering density bonus incentives.

Attachment: Ordinance No. 2020-006

10.10


01225.0005/621768.8


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF THE ZONING CODE (TITLE 20 OF THE MUNICIPAL CODE) OF THE CITY OF CHINO. PL20-0013 (ZONE ORDINANCE AMENDMENT).

The City Council of the City of Chino, California, does hereby ordain as follows: Section 1. “Accessory Dwelling Units” in Table 20.04-1 is hereby amended, and “Junior Accessory Dwelling Units” is hereby added to Table 20.04-1, as follows:

Uses Zoning Districts

Additional Regulations RD1 RD2 RD4.5 RD8

Accessory Dwelling Units P P P P Section 20.11.020

20.04.030.B.3

Junior Accessory Dwelling Units P P P P Section 20.11.020

Section 2. “Secondary Dwelling Units” in Table 20.04-2 is hereby amended, and “Junior Accessory Dwelling Units” is hereby added to Table 20.04-2, as follows:


Additional Regulations RD12 RD14 RD20

Secondary Accessory Dwelling Units

P P ■ P ■ Section 20.11.020

20.04.030.B.3

Junior Accessory Dwelling Units P ■ ■ Section 20.11.020

Section 3. Section 20.04.030.B is hereby amended as follows:

20.04.030 – Use regulations.

B. Additional use regulations. The following additional regulations apply to uses located in residential zoning districts:

1. Occupancy of any trailer, camper or other vehicle while parked or stored on any

public or private property in a residential district is prohibited, excepting temporary

recreational vehicle living units as provided by Section 20.10.100 (Temporary

Recreational Vehicles and Campers).

2. Motor vehicle repair may be permitted in conjunction with a residential use, activity or

facility, provided all work is conducted upon vehicles owned by the property owner or

resident, within an enclosed structure.

3. A second unit is permitted only on lots with one existing single-family

dwelling.

10.10.a

Amendments to Title 20 of the CMC Packet Pg. 171

Ordinance No. 2020-006 Page 2 of 17

01225.0005/621768.8

3. 4. Garage sales taking place in residential zones shall be subject to the provisions

of Title 5, Chapter 5.40 of the Chino Municipal Code.

4. 5. Duplexes shall only be permitted in the RD 8 zone on lots with a lot area of ten thousand square feet or greater.

Section 4. “Accessory Dwelling Units” is hereby added to the “Residential Uses” section of Table 20.05-1 as follows:


Additional Regulations MU20 MU30

Residential Uses

Accessory Dwelling Units P P Section 20.11.020

Section 5. “Secondary Dwelling Units” in Table 20.08-1 is hereby amended, “Junior Accessory Dwelling Units” is hereby added to Table 20.08-1, and “Caretaker Quarters” in Table 20.08-1 is hereby amended, as follows:

Uses Zoning District

Additional Regulations AG OS1 OS2 P PS

Residential Uses

Accessory Secondary Dwelling Units P ■ ■ ■ ■ Section 20.11.020

Junior Accessory Dwelling Units P ■ ■ ■ ■ Section 20.11.020

Caretaker Quarters P ■ ■ ■ ■ Section 20.2021.110

Section 6. Table 20.09-3 is hereby amended as follows:

TABLE 20.09-3 DEVELOPMENT REGULATIONS FOR RESIDENTIALLY ZONED

PROPERTIES IN DOWNTOWN OVERLAY DISTRICT

Feature Standard Additional Regulations

Site Requirements

Minimum Lot Area: 4,500 sq. ft.

Minimum Lot Width: 50 ft.

10.10.a



01225.0005/621768.8

Minimum Lot Depth: 90 ft.

Maximum Density (Dwelling Units Per

Adjusted Gross Acre): 8 DU/AC

Maximum Lot Coverage: 45%

Maximum Floor Area Ratio: 0.55

Minimum Front Yard Landscape

Coverage: 50%

Chapter 20.19

Off-Street Parking and Loading:

Primary Dwelling Unit 2 Garage Spaces Chapter 20.18 and Note 1

Accessory Dwelling Unit Per Chapter 20.18 of

this Title Section 20.11.020

Refuse Storage and Recycling: Per Chapter 20.10.060 of this Title

Building Requirements

Minimum Building Setbacks:

From Front Property Line

Front, Primary Dwelling Unit 20 ft. Notes 2 and 5 6

From Rear Property Line:

Rear, Primary Dwelling Unit 15 ft. Chapter 20.18

Accessory Dwelling Unit and

Accessory Structures 5 ft. Chapter 20.18 and Note 5

From Interior Side Property Line

Interior Side, Primary Dwelling Unit 4 ft. Notes 3 and 5

From Street Side Property Line 10 ft. Chapter 20.18 and Notes 2,

3, 4, and 5 and 6

10.10.a



01225.0005/621768.8

Street Side, Primary Dwelling Unit

Accessory Dwelling Unit and

Accessory Structures Per Chapter 20.11 Chapter 20.18

Minimum Building Separations: As Required by the Uniform Building Code

Minimum Living Area, Primary Dwelling

Unit: 1,000 sq. ft.

Maximum Living Area, Accessory

Dwelling Unit

Per Section

20.11.020 850 sq. ft.

Maximum Building Height:

Primary Dwelling Unit 2½ Stories or 35 ft.

Detached Accessory Dwelling Unit

Per Section

20.11.020

2 Stories or 25 ft.

Accessory Structures (Other Than

Accessory Dwelling Unit) 1 Story or 14 ft.

Notes:

[1] Units constructed on or before May 20, 1965, without off-street parking shall provide one covered space at the time of any structural enlargement adding more than five percent to the GFA of the existing dwelling unit. Two garage spaces shall be provided for the primary dwelling unit prior to issuance of building permits for an accessory dwelling unit and its required parking.

[2] An additional five feet of setback shall be provided along primary and secondary arterial streets.

[3] A building or structure with a nonconforming side yard setback, in existence on September 16, 1977, may be added to, extended or enlarged, provided that a side yard setback equal to or greater than the existing side yard setback is provided.

[4] A minimum twenty-foot setback must be provided for garages and carports facing a street side yard, measured from the door/opening, to the property line.

[5] Accessory structures less than one hundred twenty square feet and eight feet in height may have setbacks from the rear and side yards as required by the Uniform Building Code.

10.10.a



01225.0005/621768.8

[5 6] Open porches may be constructed in the front and street side setbacks to encroach no closer than twelve feet to the front property line and five feet to the street side property line.

Section 7. Section 20.09.060.B is hereby amended as follows:

20.09.060 – Downtown overlay district.

B. Residentially zoned properties.

1. Development standards. Residentially zoned properties within the downtown overlay district shall comply with the development standards in Table 20.09-3.

2. General regulations. The design and development of residentially zoned property shall comply with the requirements of Table 20.09-3, Development Regulations for Residentially Zoned Properties in Downtown Overlay District.

3. Siting and Orientation. New street curb cuts on lots with alley access are discouraged and shall require approval by the director of community development and the city engineer.

3. Specific requirements. Each use, activity and/or facility shall meet the following requirements:

a. Number of dwelling units. No more than two dwelling units shall be permitted on one lot.

b. Rental. Separate sale of the accessory dwelling unit shall not be permitted; however, the unit may be rented.

c. Architecture. The accessory dwelling unit shall match the primary dwelling unit with respect to architectural detail and detailing, roof material, and exterior color and finish materials.

4. d. Compatibility. New primary dwelling units, and expansions of existing primary dwelling units, and accessory dwelling units shall be compatible with the neighborhood in size, footprint, height, bulk, scale, coverage, and addressing security concerns.

e. Meters. The accessory dwelling unit may be metered separately from the primary dwelling unit for gas, electricity and water services. A sewer connection separate from the main dwelling may also be provided.

f. Covenant of restriction. Prior to issuance of a building permit for an accessory dwelling unit, a covenant of restriction to run with the land shall be recorded which specifies that the use of the accessory dwelling unit as an independent dwelling may continue only if one unit on the property is owner occupied.

g. Dedication and fees. Prior to issuance of a building permit for an accessory dwelling unit, all dedications and impact fees must be completed and paid.

4. Review and approval.

a. Permitted by right. Review and approval of Accessory Dwelling Units shall meet the provisions of Chapter 20.11.020 – Accessory Dwelling Units.

Section 8. Section 20.11.010 is hereby amended as follows:

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20.11.010 – Purpose.

This chapter provides standards for accessory structures that are secondary and subordinate to the primary structure on the site. The three (3) (3) types of accessory structures are defined in Table 20.11-1 (Types of Accessory Structures).

Section 9. Table 20.11-1 is hereby amended as follows:

TABLE 20.11-1 TYPES OF ACCESSORY STRUCTURES

Accessory Dwelling Unit

A dwelling unit with a kitchen complete independent living facilities that is subordinate to a primary residential dwelling on the same lot.

Habitable Accessory Structure

A structure that is habitable but does not contain a kitchen and is subordinate to a primary structure on the same lot.

Nonhabitable Accessory Structure

A structure that is not habitable, including sheds, detached garages, patio enclosures and structures used solely for animal keeping, and is

subordinate to a primary structure on the same lot.

Section 10. Section 20.11.020 is hereby deleted and replaced with the following:

20.11.020 - Accessory dwelling units and junior accessory dwelling units.

A. This section is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions.

B. Accessory dwelling units and junior accessory dwelling units shall comply with the following requirements:

1. Definitions.

(a) “Accessory dwelling unit” – An attached or detached dwelling unit that provides complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.

(b) “Dwelling structure” – A residential dwelling including any garage, storage area, or accessory structure attached to the residential dwelling.

(c) “Efficiency kitchen” – A kitchen that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(d) “Junior accessory dwelling unit” – A unit that is no more than 500 square feet in size and contained within or attached to a single-family residence.

(e) “Passageway” – A pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit or junior accessary dwelling unit.

(f) “Public transit” – A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains,

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subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

2. Location.

(a) An accessory dwelling unit may either be attached to, located within, or detached from a proposed or existing single-family or multifamily dwelling structure.

(b) An accessory dwelling unit located within a multifamily dwelling structure may be located either within a dwelling unit or within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, if each unit complies with state building standards for dwellings.

(c) A junior accessory dwelling unit shall be located within or attached to a proposed or existing single-family dwelling structure.

3. Number of accessory dwelling units per lot.

(a) No more than one accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot with an existing or proposed single-family residence.

(b) No more than one accessory dwelling unit is allowed in each dwelling unit of a multifamily residence.

(c) There is no limit on the number of accessory dwelling units allowed within the portions of a multifamily dwelling structure not used as livable space, as described in subsection B(2)(b), so long as the units meet all development standards.

(d) No more than two detached accessory dwelling units are allowed on a lot with an existing multifamily residence.

4. Required facilities.

(a) Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and full bathroom.

(b) Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.

5. Separate entrances.

Junior accessory dwelling units and accessory dwelling units located within a primary residence or attached to a primary residence shall include a separate entrance from the main entrance to the primary residence. However, no passageway to the unit is required.

6. Development standards.

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(a) An accessory dwelling unit shall comply with the development standards in Table 20.11-2 (Development Standards for Accessory Dwelling Units).

TABLE 20.11-2 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

Feature Standard

Maximum Size – Attached or Within the

Primary Dwelling[1]

Accessory Dwelling Units 50% of the existing primary dwelling

structure or 1,200 square feet, whichever is

less

Junior Accessory Dwelling Units 50% of the existing primary dwelling

structure or 500 square feet, whichever is

less

Maximum Size – Detached[1][2] 1,200 square feet

Setback – Front/Street Side[3] Same as main building

Setback – Interior Side/Rear[3] 4 feet

Maximum Height 1 story and up to 16 feet[4]

Minimum Lot Size None

[1] Maximum size requirements for an accessory dwelling unit or junior accessory dwelling unit apply to the entire structure, including a garage, exterior storage space, or other structure that is attached to the unit but is not intended for use as livable space.

[2] Not applicable to junior accessory dwelling units.

[3] Setback requirements only apply to construction of new buildings, whether attached to or detached from the primary dwelling. No setback is required for the conversion of an existing living area, garage, or accessory structure to an accessory dwelling unit where the unit will not change the dimensions of the existing structure.

[4] An accessory dwelling unit may be built on top of a one story detached garage or other detached structure in the RD 8, RD 12, RD 14, RD 20, and Mixed Use zoning districts. An accessory dwelling unit may not be built on top of a detached garage or any other detached structure in the RD 1, RD 2, RD 4.5, or AG zoning districts.

(b) Except as provided in Table 20.11-2, accessory dwelling units shall comply with all building and development standards applicable to the primary residence, including maximum lot coverage requirements, subject to subsection (d).

(c) The total floor area of a detached accessory dwelling unit shall not exceed 80 percent of the total floor area of the primary structure, excluding any attached or detached garage.

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(d) If the applicable maximum lot coverage requirement, or the floor area ratio requirement in subsection (c), would prevent the approval of an attached or detached accessory dwelling unit that is at least 800 square feet, an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to 800 square feet, provided that the unit complies will all other development standards.

(e) The architectural design and detailing, roof material, and exterior color and finish materials of an accessory dwelling unit shall match the primary dwelling.

(f) Accessory dwelling units are not required to have fire sprinklers if they are not required for the primary residence.

(g) Efficiency units, as defined in Section 17958.1 of the Health and Safety Code, and manufactured homes may be used as accessory dwelling units, subject to compliance with the requirements of this code.

(h) The correction of nonconforming zoning conditions shall not be required as a condition of approval for the creation of an accessory dwelling unit or a junior accessory dwelling unit.

7. Sale and rental of units.

(a) Accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.

(b) An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than 31 consecutive days.

8. Parking requirements.

(a) One on-site parking space shall be provided for each accessory dwelling unit on a lot, consistent with the parking requirements in Chapter 20.18 of the is code, except as otherwise provided in subsection (c).

(b) No additional parking spaces are required for a junior accessory dwelling unit.

(c) Notwithstanding subsection (a), no additional parking is required for accessory dwelling units in the following circumstances:

(1) The accessory dwelling unit is located within one-half mile walking distance of public transit.

(2) The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3) The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.

(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

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(5) When there is a car share vehicle located within one block of the accessory dwelling unit.

(d) Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway or in setback areas, unless the director of development services, or the director’s designee, finds that tandem parking and/or parking in setback areas is not feasible based upon specific site or regional topographical or fire and life safety concerns.

(e) Offstreet parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit.

9. Utilities.

An accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water services. A sewer connection separate from the main dwelling may also be provided.

10. Junior accessory dwelling units – owner occupancy.

The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.

11. Junior accessory dwelling units – deed restriction.

The approval of a junior accessory dwelling unit will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the city on the property where unit is, or will be, located. The deed restriction will include the following:

(a) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(b) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Government Code section 65852.22.

Section 11. Table 20.11-2 in Section 20.11.030 is hereby revised to read as follows:

TABLE 20.11-3 2 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS AND HABITABLE ACCESSORY STRUCTURES GREATER THAN 120 SQUARE FEET IN AREA

Single-Family Zoning

Districts (RD 1 and

RD 2)

Single-Family Zoning

Districts (RD 4.5 and

RD 8)

Multi-Family Zoning Districts

(RD 12, RD 14, and RD 20)

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Setbacks, Minimum[1]

Front Same as main

building

Same as main

building

Same as main building;

accessory dwelling units are

not permitted in the RD 12[2],

RD 14, and RD 20 zones

Rear

Interior side Same as main

building 5 feet

Street side Same as main

building

Same as main

building

Height,

Maximum

2 stories or 20 feet

1 story and up to 16

feet[1]

2 stories or 20 feet

1 story and up to 16

feet[1]

1 story and up to 16 feet[1]

Maximum Size

Habitable

Space [3]

850 square feet 850 square feet None

Maximum Size

Structure 1,200 square feet [2] 1,200 square feet [2] None

[1] A habitable accessory structure may be built on top of a one story detached garage or other detached structure in the RD 8, RD 12, RD 14, RD 20, and Mixed Use zoning districts. A habitable accessory structure may not be built on top of a detached garage or any other detached structure in the RD 1, RD 2, RD 4.5, or AG zoning districts.

[2] The structure must also comply with the floor area ratio requirement in Section 20.11.030(A)(9). The planning commission may approve a structure larger than 1,200 square feet by granting a special conditional use permit pursuant to Section 20.11.030(A)(8).

[1] For accessory dwelling units built above a garage, and for garages converted into accessory dwelling units, the setback requirements of subsection 14, above, shall apply.

[2] Accessory dwelling units are permitted in the RD 12 zone, which allows accessory dwelling units on lots with an existing single family residential dwelling in compliance with the standards of Section 20.11.020.

[3] Maximum size of structure may not exceed 1,200 square feet with maximum area of habitable space not to exceed 850 square feet.

Section 12. Sections 20.11.030.A.7, A.8, and A.9 are hereby amended as follows:

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20.11.030 – Habitable accessory structures.

A. Habitable accessory structures shall not contain a kitchen and shall comply with the

following standards:

7. Minimum setbacks and maximum height for habitable accessory structures shall be as provided in Table 20.11-3 2.

8. The maximum size of the structure shall be eight hundred fifty (850) one thousand two hundred (1,200) square feet, except that the planning commission may approve a larger structure with a special conditional use permit.

9. The maximum total floor area of all a detached habitable accessory structures on a site shall not exceed 80 percent of the total floor area of the primary structure, excluding any attached or detached garage.

Section 13. Sections 20.11.040.A.7, A.8, and A.10 are hereby amended as follows:

20.11.040 – Nonhabitable accessory structures.

A. General requirements. The following standards shall apply to all nonhabitable accessory structures:

7. For small Small non-habitable accessory structures one hundred twenty square feet or less in area, there are no minimum setbacks requirements, except that non-habitable accessory structures in any zone shall not be located in the front yard of a property or within the front setback.

8. Minimum setbacks and maximum height for small non-habitable accessory structures less than one hundred twenty square feet in area shall be as provided in Table 20.11-4. Minimum setbacks, maximum height, and maximum size for large non-habitable accessory structures greater than one hundred twenty square feet in area shall be as provided in Table 20.11-5 20.11-4. (Development Standards for Large Non-Habitable Accessory Structures) and Minimum setbacks, maximum coverage, and maximum height for patio covers and enclosures, shall be as provided in Table 20.11.6 20.11-5 (Development Standards for Patio Covers and Patio Enclosures).

…

10. The maximum total floor area of all detached accessory structures on a site shall not exceed 80 percent of the total floor area of the primary structure, excluding any attached or detached garage.

Section 14. Table 20.11-3 is hereby renumbered as Table 20.11-4, as follows:

TABLE 20.11-3 20.11-4 DEVELOPMENT STANDARDS FOR SMALL NONHABITABLE ACCESSORY STRUCTURES LESS THAN 120 SQUARE FEET IN AREA

Section 15. Table 20.11-4 is hereby renumbered as Table 20.11-5, as follows:

TABLE 20.11-4 20.11-5 DEVELOPMENT STANDARDS FOR LARGE NONHABITABLE ACCESSORY STRUCTURES GREATER THAN 120 SQUARE FEET IN AREA, EXCLUDING

PATIO ENCLOSURES

Section 16. Table 20.11-5 is hereby renumbered as Table 20.11-6, and amended, as follows:

TABLE 20.11-5 20.11-6 DEVELOPMENT STANDARDS FOR PATIO COVERS AND PATIO ENCLOSURES

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Setbacks, Minimum Single-Family Zoning Districts (RD 1, RD 2,

RD 4.5, and RD 8)

Single-Family Small Lot Residential

Subdivisions (RD 4.5, RD 8, RD 12, and RD

14)

Multiple-Family Zoning Districts (RD 12, RD 14, and RD

20)

Patio Covers[1]

Setbacks, Minimum

Section 17. Chapter 20.14 is hereby deleted and replaced in its entirety with the following:

20.14.010 Compliance with state law.

When an applicant seeks a density bonus, incentive, or concession for a housing development, the City will comply with the requirements of Government Code sections 65915–65918, as may be amended.

20.14.020 Definitions.

The following definitions shall apply to this chapter:

A. “Department” means the development services department.

B. “Director” means the director of development services.

C. “Qualifying units” means the units that allow an applicant to qualify for a density bonus, incentive, or concession.

20.14.030 Application and review.

A. Application. A developer seeking a density bonus, incentive, or concession shall file an application with the department. The form and content of the application shall be as specified by the director and shall be subject to a fee established by resolution of the city council. The department will process the application concurrently with any other applications required for the housing development. The department will provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete, and will notify the applicant whether the application is complete in a manner consistent with the timelines in Government Code section 65943.

B. Supporting documentation. An applicant for a density bonus, incentive, or concession shall provide the city with reasonable documentation to establish eligibility for the requested density bonus, incentive, or concession, as determined by the director. The applicant may also provide analysis, using one of the following methodologies, demonstrating that the density bonus, incentive, or concession will make the qualifying units economically feasible:

1. A development pro forma with the capital costs, operating expenses, return on investment, loan-to-value ratio, and the debt coverage ratio, including the contributions provided by any applicable subsidy programs, and the economic effect created by the minimum fifty-five-year use and income restrictions on the affordable housing units.

2. An appraisal report indicating the value of the density bonus and of the incentives or concessions.

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3. A use of funds statement identifying the projected financing gap for the project with the affordable housing units. The analysis shall show how much of the funding gap is covered by the density bonus and how much by the incentives/concessions.

C. Hearing process. Applications for a density bonus, incentive, or concession will considered by the planning commission. The planning commission and city council shall be authorized to approve development incentives as follows:

1. The planning commission shall be authorized to approve development incentives that include the modification of site development standards, or the modification of zoning or architectural design requirements.

2. Approval by the city council shall be required for all other development incentives.

20.14.040 Density bonus agreement.

As a condition for the approval of a density bonus and additional incentive or incentives pursuant to this chapter, the applicant shall agree to enter into a density bonus agreement with the city in a form approved by the city attorney and consistent with the requirements of Government Code section 65915 and other applicable state law. The city manager is authorized to execute the density bonus agreement on behalf of the city. The executed density bonus agreement shall be recorded on the parcel or parcels designated for the construction of qualifying units, or donated for the purpose of constructing qualifying units. The approval and recordation shall occur prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for the parcels or units. The density bonus agreement shall be binding upon all future owners and successors in interest.

20.14.050 Standards for qualifying units.

All qualifying units shall meet the following requirements:

A. Concurrency. Qualifying units shall be built concurrently with all other units in the development unless the city and the applicant agree in writing to an alternative schedule for development.

B. Location. Qualifying units shall be built on-site wherever possible and, where practical, shall be dispersed within the housing development.

C. Unit size. Where feasible, the number of bedrooms of the qualifying units shall be equivalent to the bedroom mix of the other units in the development, except that the developer may include a higher proportion of qualifying units with more bedrooms.

D. Design. The design and appearance of the qualifying units shall be compatible with the design of the housing development as a whole.

E. Linked sites. Circumstances may arise in which the public interest would be served by allowing some or all of the qualifying units associated with one housing development to be produced and operated at an alternative development site. If the developer and the city agree in writing to allow the production and operation of qualifying units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this chapter.

Section 18. Section 20.23.110.B.1.a is hereby amended as follows:

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B. Applicability.

1. Within residential zones, a zoning clearance is required for the following:

a. Development of or alterations to any accessory dwelling second unit or junior accessory dwelling unit.

Section 19. Section 20.23.110.E is hereby revised and Section 20.23.110.F is hereby added, as follows:

20.23.110 – Zoning clearance.

E. Special procedures for accessory dwelling units and junior accessory dwelling units. The development services director or the director’s designee shall act on an application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

E. F. Public notice and hearing. No public notice or hearing is required for a zoning clearance.

Section 20. The definition of “Accessory dwelling unit” in Section 20.24.020.A is hereby amended as follows:

A. Definitions, "A".

Accessory dwelling unit. An attached or detached dwelling unit that provides is provided as an adjunct to an existing single-family dwelling unit and that includes complete, independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. This definition shall be interpreted as consistent with the definition for "accessory dwelling unit" in Government Code § 65852.2.

Section 21. The definition of “Boardinghouse” in Section 20.24.020.B is hereby amended as follows:

B. Definitions, “B”.

Boardinghouse. An owner-occupied, A single-family residential dwelling, accessory dwelling unit, or junior accessory dwelling unit , including any guesthouses, second units, and other accessory structures, wherein two or more rooms, with or without individual or group cooking facilities, are rented, licensed or otherwise provided in exchange for rent or other remuneration to an individual or individuals under separate written or oral rental leases, licenses or other agreements ("rental agreement") for a term of thirty-one consecutive calendar days or more. Notwithstanding the previous sentence, a boardinghouse does not include a single-family residential dwelling that includes a junior accessory dwelling unit and an attached accessory dwelling unit where the junior accessory dwelling unit and attached accessory dwelling unit are both rented.

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Section 22. The definition of “Dwelling, single-family, detached” in Section 20.24.020.D is hereby amended as follows:

D. Definitions, “D”.

Dwelling, single-family, detached. A single-family dwelling that is not attached to any other single-family dwelling, other than an attached accessory second dwelling unit.

Section 23. The definition of “Dwelling unit, second” in Section 20.24.020.D is hereby deleted.

Section 24. The definition of “Junior accessory dwelling unit” is hereby added to Section 20.24.020.J and shall read as follows:

J. Definitions, “J”.

Junior accessory dwelling unit. A unit that is no more than 500 square feet in size and contained within or attached to a single-family residence. This definition shall be interpreted as consistent with the definition for "junior accessory dwelling unit" in Government Code § 65852.22.

Section 25. 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 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 26. Environmental Review. The City has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, section 15061(b)(3), the City Council finds and determines with certainty that there is no possibility that this project may have a significant effect on the environment. This is because this project is a purely legislative act, establishing procedural standards and requirements, and does not authorize any physical alterations to the environment. Therefore, this project is not subject to the California Environmental Quality Act.

Section 27. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

Section 28. 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.

Section 29. Submission to Department of Housing and Community Development. Pursuant to Government Code section 65852.2(h), a copy of this ordinance shall be submitted to the Department of Housing and Community Development within 60 days after adoption.

ADOPTED THIS _____ DAY OF ______________ 2020. By:

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EUNICE M. ULLOA, MAYOR ATTEST: By: ANGELA ROBLES, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) § CITY OF CHINO ) I, Angela Robles, 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 ____ day of __________ 2020 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: By: ANGELA ROBLES, CITY CLERK

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OFFICE OF THE CITY ATTORNEY


TO:

FROM:

SUBJECT:

MATTHEW C. BALLANTYNE, CITY MANAGER

FRED GALANTE, CITY ATTORNEY

AMENDMENTS TO CHAPTER 8.12 - FIREWORKS, CHAPTER 3.32 - PURCHASING SYSTEM, AND CHAPTERS 2.36 AND 2.38 - PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION OF THE CHINO MUNICIPAL CODE.

RECOMMENDATION

Approve the introduction of Ordinance Nos. 2020-007, 2020-008, and 2020-009 pertaining to firework stands, the City's purchasing procedures, and qualifications to hold an appointed civil office, to be read by number and title only and waive further reading of the ordinances.

FISCAL IMPACT

There is no fiscal impact.

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NEW BUSINESS Packet Pg. 188

COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: AMENDMENTS TO CHAPTER 8.12 - FIREWORKS, CHAPTER 3.32 - PURCHASING SYSTEM, AND CHAPTERS 2.36 AND 2.38 - PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION OF THE CHINO MUNICIPAL CODE PAGE 2 BACKGROUND

The California State Legislature, in its 2019-2020 legislative session, enacted numerous laws affecting local agencies. While many of these laws center on housing densities and zoning regulations, there are other legislative actions triggering municipalities to amend their respective municipal codes. City staff has worked with the City Attorney’s Office to determine what modifications are needed to ensure compliance with adopted State laws. Beyond zoning regulations, it was determined that the Chino Municipal Code (CMC) will need to be amended to clarify the necessary qualifications to hold an appointed civil office.

Beyond the changes prompted by the California State Legislature, City staff is also recommending clarifying amendments to the City’s purchasing and fireworks ordinances.

ISSUES/ANALYSIS

In recognizing the changes in State law and the need to clarify, repeal, or amend CMC sections, staff elected to combine the changes in one staff report with each change codified by a respective ordinance. Each ordinance and recommended action are discussed in turn:

Fireworks - Ordinance No. 2020-007: Amendments to CMC Chapter 8.12

On January 13, 2020, the Chino Community Services Commission Fireworks Sub-Committee reviewed concerns raised during the 2019 fireworks season. Much of these issues surrounded firework stand placements dependent on zoning designations. At their January 27, 2020 regularly scheduled meeting, the Community Services Commission approved and recommended the following amendments to CMC Chapter 8.12:

• Further clarifies that fireworks stands are allowed in Commercial or Manufacturing zoned areas.

• Certified non-profit groups that have held fireworks stands at non-Commercial or non-Manufacturing zoned areas may continue to sell fireworks at this location; however, once the certified non-profit group ceases to sell fireworks at a given location, no other group may place a firework stands at these sites.

• Reduce the number of fireworks stands from 30 to 25.

• Adds an appeal process when there are violations to the municipal code.

• Allows church organizations to sell fireworks on their property with the qualification that the church may be the only entity that sells fireworks; non-profit groups may not sell fireworks on the church’s property.

Each of the above amendments has been incorporated into proposed Ordinance No. 2020-007, and, if approved, will go into effect 30 days after its adoption, which is tentatively scheduled for the March 17, 2020 City Council meeting.

11.11


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: AMENDMENTS TO CHAPTER 8.12 - FIREWORKS, CHAPTER 3.32 - PURCHASING SYSTEM, AND CHAPTERS 2.36 AND 2.38 - PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION OF THE CHINO MUNICIPAL CODE PAGE 3 Purchasing System - Ordinance No. 2020-008: Amendments to CMC Chapter 3.32

On October 1, 2019, the City Council approved the introduction of Ordinance No. 2019-016.

Effective November 15, 2019, this ordinance amended the City’s purchasing ordinance by

altering the City’s bidding/request for proposal requirements. The ordinance also increased the

City Manager’s purchasing threshold from $25,000 to $50,000. Included within the City’s

current purchasing ordinance are requirements governing repeat vendors. The following is

currently codified in the CMC:

“Before awarding a contract under Section 3.32.070(A)(1), the department head shall

determine whether the vendor has any open purchase orders within the same department,

and the total combined amount of such purchase orders. If the vendor has open purchase

orders within the same department for a combined authorized amount of more than

$10,000, then the purchase may only be made following the procedures in Section

3.32.070(A)(2).”

The intent of this language was to impose a competition requirement for single items or a single

service that exceeds $10,000. In other words, this rule intended to prevent departments from

circumventing competition requirements, especially under blanket purchase orders or Council

approved vendor caps. However, the current language imposes a competition requirement once

the expenditure (sum of all individual purchase orders for one department) for a repeat vendor

exceeds $10,000. For example: if a department has three purchase orders in the total amount of

$9,900, and a department wants to purchase an item that is $200, then the department would

need to obtain three quotes.

To correct this oversight, staff is proposing that the above language be replaced with the

following:

“Where the purchase of a single piece of equipment, or a single unit of any material or

supply, or a one-time service, could be made under a blanket purchase order or vendor cap,

but the estimated price of the single piece of equipment, or single unit of the material or

supply, or one-time service exceeds $10,000, the purchase shall not be made under the

blanket purchase order or vendor cap, but shall instead be made in accordance with the

competitive procedures in Section 3.32.070(A)(2) or 3.32.070(A)(3), as applicable. Where

the purchase of equipment, materials, supplies, or services could be made under a blanket

purchase order or vendor cap, and the estimated unit price is less than $10,000, the

purchase may be made without competitive bidding, pursuant to Section 3.32.070(A)(1),

regardless of whether the purchase is of a single unit or multiple units. For purposes of this

subsection, a “blanket purchase order” or “vendor cap” is an open purchase order with a

specific vendor and a set dollar cap for the purchase of equipment, materials, supplies, or

services where the price of individual items available for purchase under the purchase order

has not been established through competitive bidding.”

If approved, this change will enable staff to purchase from a repeat vendor without obtaining

three quotes. However, this is qualified with the understanding that the single purchase is less

than $10,000 and does not put the aggregate amount over the Council-approved vendor cap.

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COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: AMENDMENTS TO CHAPTER 8.12 - FIREWORKS, CHAPTER 3.32 - PURCHASING SYSTEM, AND CHAPTERS 2.36 AND 2.38 - PLANNING COMMISSION AND COMMUNITY SERVICES COMMISSION OF THE CHINO MUNICIPAL CODE PAGE 4 Planning and Community Services Commissions - Ordinance No. 2020-009: Amendments

CMC Chapter 2.36 and Chapter 2.38

On October 12, 2019, Governor Gavin Newsom signed Senate Bill (SB) 225 into law. SB 225

clarifies those eligible to hold elective and appointed civil offices. On the latter, the bill specifies

that citizenship cannot be a qualifier when appointing an individual to a civil office. This means

the City’s current voter registration requirement is no longer allowed under state law. Thus,

Ordinance No. 2020-009 would strike the voter registration requirement from CMC Sections

2.36.020 (Planning Commission) and 2.38.030 (Community Services Commission).

Lastly, this ordinance will further amend CMC 2.38.30 to remove appointments to the

Community Services Commission by the Chino Valley Unified School District. Instead, the

ordinance would authorize the Mayor to appoint six commissioners, with Council approval.

Finally, this ordinance will amend CMC 2.38.070 by extending the term of the Community

Services Commission Chairperson and Vice Chairperson an additional year (for a total of two

years).

Attachments: Ordinance No. 2020-007 Ordinance No. 2020-008 Ordinance No. 2020-009

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01225.0001/630874.1 Ordinance No. 2020-007 Page 1 of 4


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO AMENDING THE CITY OF CHINO’S FIREWORKS

ORDINANCE, AT CHAPTER 8.12 OF THE CHINO

MUNICIPAL CODE

WHEREAS, the City of Chino has adopted a fireworks ordinance, codified at

Chapter 8.12 of the Chino Municipal Code (“Fireworks Ordinance”), which is aimed at

regulating the sale and use of fireworks, as well as the prevention of fires caused by

fireworks; and

WHEREAS, the City periodically reviews its ordinances to ensure that they are

achieving their aims, while continuing to adhere to legal requirements; and

WHEREAS, the City Council finds that the aims of the Fireworks Ordinance would

be better achieved by limiting the number of firework permits, clarifying the locations

where fireworks may be used within the City, and adding an appeal process for violations

of the Fireworks Ordinance; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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. Subsection (E) of Section 8.12.030 of the Chino Municipal Code, entitled “Sales of fireworks – Retail permit required,” is hereby amended as follows, with the rest of Section 8.12.030 remaining unchanged (new text in bold underline, deleted text in bold strike through):

“E. The maximum number of permits that may be issued in one calendar year shall not exceed one for every two thousand five hundred (2,500) residents of the city, or a fraction thereof, based on the latest estimate of the California Department of Finance or the U.S. Bureau of the Census. However, despite increases in population within the city, the maximum number of permits shall never exceed thirty (30) twenty-five (25) permits per year. If the number of applications for retail permits exceeds the number of permits to be issued, the permittee during the preceding year shall have first priority for the available permits. Any remaining permits, after deducting priority applicants, may be granted by a drawing supervised by the City of Chino Tax and License Collector. Only one participating organization in a joint venture shall be deemed to be the permittee.”

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Approve the Introduction of Ordinance Nos. 2020-007, Packet Pg. 192


SECTION 3. Subsection (B) of Section 8.12.040 of the Chino Municipal Code,

entitled “Retail permit application,” is hereby amended as follows, with the rest of Section

8.12.040 remaining unchanged (deleted text in bold strike through):

“B. Set forth the proposed location of the fireworks stand, and be

accompanied by a letter signed by the owner or agent of the property upon

which the fireworks stand is proposed to be located, confirming that the

owner has given permission for the use of the property for such purpose.

No stand shall be permitted in any zones other than C and M zones

(except that no stands shall be permitted in the area between State

Route 71 on the east, Eucalyptus Avenue on the north, and the City

limits to the west and south) and all stands must conform to other

applicable laws including those regulations noted in section 8.12.080;”

SECTION 4. Section 8.12.075 of the Chino Municipal Code, entitled “Permitted

locations for fireworks stands,” is hereby added as follows (new text in bold underline):

“8.12.075 - Permitted locations for fireworks stands.

A. Except as provided in subsections B, C, and D, and subject to

the requirements in section 8.12.080, fireworks stands are only

permitted in the following locations:

1. Commercial Zoning Districts, as listed in chapter 20.06 of

this code, and

2. Industrial Zoning Districts, other than the Airport

Development Zone, as listed in chapter 20.07 of this code.

B. Notwithstanding subsection A, no stands shall be permitted in

the area between State Route 71 on the east, Eucalyptus Avenue on

the north, and the city limits to the west and south.

C. Notwithstanding subsections A and B, churches may operate

fireworks stands on church-owned property subject to a

determination by the city’s building inspector that the property has

sufficient parking and the stand complies with the regulations in

section 8.12.080.

D. Notwithstanding subsections A and B, if, in the year

immediately prior to the year for which an application is submitted, a

nonprofit organization operated a permitted fireworks stand in a

location that is not permitted under subsections A and B, the same

organization may nonetheless obtain a permit to operate a stand in the

11.11.a



same location as the prior year. This exception is not transferable to

an organization that did not operate in the subject location in the prior

year.”

SECTION 5. Subsection (D) is hereby added to Section 8.12.165 of the Chino

Municipal Code, entitled “Surcharge,” with the rest of Section 8.12.165 remaining

unchanged (new text in bold underline):

“D. The ten (10) percent surcharge is not a tax and shall not be

charged as a tax or listed as a tax on any receipt given to a purchaser

of fireworks.”

SECTION 6. Section 8.12.210 of the Chino Municipal Code, entitled “Appeal,” is

hereby added as follows (new text in bold underline):

“8.12.210 - Appeal.

Any person or entity that is found to have violated the requirements

of this chapter pursuant to subsection A, B, or D of Section 8.12.200,

may appeal the determination of violation to the city manager by filing

a notice of appeal within 10 days of the date of the subject

determination. If the determination of violation resulted in the closure

of the stand, the stand shall remain closed during the pendency of the

appeal. The appeal shall be heard as soon as reasonably possible,

but in no event later than 30 days after the filing of the appeal. The

decision of the city manager shall be final.”

SECTION 7. This ordinance shall become effective 30 days after adoption.

SECTION 8. The City Clerk shall certify as to the passage of this Ordinance and

shall cause the same to be published and/or posted at the designated locations in the

City of Chino.

PASSED, APPROVED, AND ADOPTED this ___ day of ______________, 2020.

Eunice M. Ulloa, Mayor

11.11.a



ATTEST:

Angela Robles, City Clerk State of California ) County of San Bernardino ) § City of Chino ) I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular meeting held on the __ day of ___________ 2020. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _________________________________ ANGELA ROBLES, CITY CLERK

11.11.a




CHINO AMENDING PROVISIONS OF THE CHINO MUNICIPAL

CODE, AT CHAPTERS 3.32.070 RELATING TO THE CITY’S

PURCHASING PROCEDURES FOR PURCHASES OTHER

THAN PUBLIC PROJECTS.

WHEREAS, the City Council of the City of Chino adopted Ordinance No. 2020-016 on

October 15, 2019, amending the City’s purchasing processes to account for normal inflation rates

and to facilitate administrative efficiencies; and

WHEREAS, the City periodically reviews its ordinances to ensure that they are achieving

their intent, while continuing to adhere to legal requirements; and

WHEREAS, the City Council finds that portions of Section 3.32.070 of the Chino Municipal

Code are not phrased in a manner commensurate with its intended purpose; and

WHEREAS, the City Council proposes to amend portions of Section 3.32.070 to provide

greater clarity and direction; and




SECTION 2. Subsection (B) of Section 2.32.070 of the Chino Municipal Code, entitled “Purchasing Procedures – Purchases other than public projects” is hereby rescinded and replaced as follows, with the rest of Section 2.38.030 remaining unchanged (new text in bold underline, deleted text in bold strike through):

“2.32.070. Purchasing Procedures – Purchases other than public projects

B. Special Rules for repeat vendors. Before awarding a contract under Section 3.32.070(A)(1), the department head shall determine whether the vendor has any open purchase orders within the same department, and the total combined amount of such purchase orders. If the vendor has open purchase orders within the same department for a combined authorized amount of more than $10,000, then the purchase may only be made following the procedures in Section 3.32.070(A)(2).

Where the purchase of a single piece of equipment, or a single unit of any material or supply, or a one-time service, could be made under a blanket purchase order or vendor cap, but the estimated price of the single piece of equipment, or single unit of the material or supply, or one-time service exceeds $10,000, the purchase shall not be made

11.11.b


under the blanket purchase order or vendor cap, but shall instead be made in accordance with the competitive procedures in Section 3.32.070(A)(2) or 3.32.070(A)(3), as applicable. Where the purchase of equipment, materials, supplies, or services could be made under a blanket purchase order or vendor cap, and the estimated unit price is less than $10,000, the purchase may be made without competitive bidding, pursuant to Section 3.32.070(A)(1), regardless of whether the purchase is of a single unit or multiple units. For purposes of this subsection, a “blanket purchase order” or “vendor cap” is an open purchase order with a specific vendor and a set dollar cap for the purchase of equipment, materials, supplies, or services where the price of individual items available for purchase under the purchase order has not been established through competitive bidding.”


SECTION 4. The City Clerk shall certify as to the passage of this Ordinance and shall

cause the same to be published and/or posted at the designated locations in the City of Chino.



ATTEST:


11.11.b


State of California ) County of San Bernardino ) § City of Chino ) I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular meeting held on the __ day of ___________ 2020. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _________________________________ ANGELA ROBLES, CITY CLERK

11.11.b





CHINO AMENDING PROVISIONS OF THE CHINO

MUNICIPAL CODE, AT CHAPTERS 2.36 AND 2.38,

RELATING TO THE CITY OF CHINO’S COMMUNITY

SERVICES AND PLANNING COMMISSIONS

WHEREAS, the City of Chino has established a Community Services and Planning

Commissions to respectively foster public engagement in the design and delivery of

community services and oversee proposed changes to the City’s general plan while

providing advice/guidance on planning-related matters; and

WHEREAS, the City periodically reviews its ordinances to ensure that they are

achieving their aims, while continuing to adhere to legal requirements; and

WHEREAS, the City Council finds that the changes are needed to update the

procedures and authority for appointment of commissioners and incorporate current legal

requirements; and




SECTION 2. Subsections B of Section 2.36.020 of the Chino Municipal Code, entitled “Members—Appointment and term of office,” are hereby amended as follows, with the rest of Section 2.38.030 remaining unchanged (new text in bold underline, deleted text in bold strike through):

“2.36.020 - Members—Appointment and term of office.

. . .

B. All members of the planning commission shall be residents of the city and registered voters at the time of their appointment and throughout their terms of office.

. . . .”

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SECTION 3. Subsections A and D of Section 2.38.030 of the Chino Municipal Code, entitled “Membership—Appointment and term of office,” are hereby amended as follows, with the rest of Section 2.38.030 remaining unchanged (new text in bold underline, deleted text in bold strike through):

“2.38.030. Membership - Appointment and term of office.

A. The membership of the community services commission, as appointed by the mayor of the City of Chino and the Chino Valley Unified School District Board of Education, shall consist of seven members representing a broad interest in recreation, human services, park planning, cultural arts, youth, and senior citizens. Three Six members shall be appointed by the mayor of the City of Chino with the approval of the city council; three shall be appointed by the board of education; and one member shall be appointed by the six other commissioners (member at large). The appointment of the member at large is to be ratified by the city council.

. . .

D. All members of the community services commission appointed by the mayor of the City of Chino and the Chino Valley Unified School District Board of Education, as well as the at-large member, shall be residents of the City of Chino and registered voters at the time of their appointment and throughout their terms of office.”

SECTION 4. Section 2.38.050 of the Chino Municipal Code, entitled “Continuation

in office,” is hereby amended in its entirety as follows (deleted text in bold strike

through):

“2.38.050. Continuation in office.

Members of the commission shall continue in office until their successors

are appointed. Commissioners can be replaced if a member misses three

meetings in one year, with the year being defined as July 1st to June 30th,

without adequate excuse. Any commissioner can be removed, without

cause, by the appointing body. The city council may remove, without

cause, and likewise the school board may also remove. City council and

school board together can remove at large appointee, without cause.”

11.11.c



SECTION 5. Section 2.38.070 of the Chino Municipal Code, entitled

“Chairperson,” is hereby amended in its entirety as follows (new text in bold underline,

deleted text in bold strike through:

“2.38.070. Chairperson.

Annually in In May, the commission shall elect one of its members as a

chairperson and one member as vice chairperson who shall hold office for

one two years, or until a successor is elected, with the term of office to

begin July 1st and end July 30th.”

SECTION 6. Section 2.38.100 of the Chino Municipal Code, entitled “Staff

assistance,” is amended in its entirety as follows (new text in bold underline):

“2.38.100. Staff assistance.

The director of community services or his/her designee, to the fullest extent

possible, shall provide such staff assistance as the commission may require

from time to time.”


SECTION 8. The City Clerk shall certify as to the passage of this Ordinance and

shall cause the same to be published and/or posted at the designated locations in the

City of Chino.



ATTEST:


11.11.c



State of California ) County of San Bernardino ) § City of Chino ) I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by the City Council at a regular meeting held on the __ day of ___________ 2020. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _________________________________ ANGELA ROBLES, CITY CLERK

11.11.c


Revenue: Expenditure: 5307340-40010-SW201

Transfer In: 5301000-50000 Transfer Out:2621000-40001


PUBLIC WORKS DEPARTMENT


TO: MATTHEW C. BALLANTYNE, CITY MANAGER FROM: AMER JAKHER, PUBLIC WORKS DIRECTOR SUBJECT: PRESERVE LIFT STATION EXPANSION AND IMPROVEMENT PROJECT

(SW201).

RECOMMENDATION

1) Establish a Capital Improvement Project for the Preserve Lift Station Expansion and Improvement Project (SW201); 2) appropriate $402,776 from the unappropriated reserves of the Sewer Capital Fund and schedule a corresponding year-end transfer in the same amount from the Preserve Sewer Development Impact Fee Fund; 3) authorize an inter-fund loan between funds 530 and 262 should there be insufficient fund balance at year-end to cover the total cost; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

FISCAL IMPACT

Requires an appropriation of $402,776 from the unappropriated reserves of the Sewer Capital Fund 530 with a corresponding year-end transfer in the same amount from the Preserve Sewer Development Impact Fee Fund 262. There is currently only $334,000 of available funds in Fund 262; however, it is anticipated that there will be sufficient fund balance for the year-end transfer from Fund 262. If there is not sufficient funds an inter-fund loan will be established at year-end for repayment to Fund 530.

11.12


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: PRESERVE LIFT STATION EXPANSION AND IMPROVEMENT PROJECT (SW201) PAGE 2 BACKGROUND

The Preserve Lift Station collects and conveys sewer flows that are gravity fed to the southern portion of the Preserve up to the Inland Empire Utilities Agency’s (IEUA) Kimball Interceptor. The Preserve Lift Station then pumps the sewer flow to IEUA’s Regional Plant 5 for treatment and processing. The facility was constructed by Lewis Operating Company with the City granting Development Impact Fee credits with plans to add additional pumps to increase the capacity as development within the Preserve continues. The annual operation, maintenance, and replacement costs of the lift station are paid by properties utilizing the facility through the Sewer Lift Station Fee. The lift station has been in operation since summer 2018 with the Inland Empire Utilities Agency (IEUA) operating and maintaining the facility in accordance with a reimbursement agreement between IEUA and the City, approved by the City Council on July 17, 2018.

ISSUES/ANALYSIS

IEUA has been operating the facility for over a year and has come across several design issues which have led to sanitary sewer overflows on two separate occasions. To prevent these overflows from occurring in the future, IEUA staff have prepared a prioritized list of capital improvement projects which they have requested authorization to proceed. City staff have reviewed the list and determined that the high priority projects should proceed immediately to prevent future overflows. These projects include a Passive Bypass ($24,357) and inclusion of a Cleaning Cycle ($17,135) for a total of $41,492. The Passive Bypass would allow the sewage to bypass the Lift Station into the Santa Ana Regional Interceptor (SARI) brine line in the event of an emergency. The Cleaning Cycle will reduce the rag buildup in the wet well and will reduce the wear and tear on the pumps. These Capital Improvement Projects will be procured and completed by IEUA with the costs reimbursed by the City.

In addition, the Lift Station was initially equipped for a projected flow of 0.5 million gallons per day (MGD) with plans to expand with increased development. It appears development has progressed more quickly than anticipated, with flows averaging 1 MGD, which necessitates the addition of a pump to accommodate high flow periods. IEUA has submitted a proposal to the City to purchase, install, and program a new chopper pump for a total cost of $361,284, including a project contingency. City staff have reviewed the proposal and recommend proceeding with the project. This Capital Improvement Project would be performed by IEUA with the costs reimbursed by the City.

11.12







TO: CITY COUNCIL MEMBERS, CITY OF CHINO FROM: EUNICE M. ULLOA, MAYOR SUBJECT: COUNCIL COMMITTEE ASSIGNMENTS.

RECOMMENDATION

Review the Committee Assignments and appoint two representatives to the Ad Hoc Housing Committee.

FISCAL IMPACT

There are no fiscal impacts.

12.13

MAYOR AND COUNCIL REPORTS Packet Pg. 205

COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: COUNCIL COMMITTEE ASSIGNMENTS PAGE 2 BACKGROUND

Mayor and Council Members serve on various regional intergovernmental committees and boards representing the City of Chino. In addition to serving on these committees, they serve on ad-hoc committees and as delegates to local organizations. These assignments are reviewed and modified as needed.

The assignment for the Ad Hoc Housing Committee has been added at the request of the City Manager. The purpose of the committee is to provide input and recommendations regarding city policies, priorities and funding related to housing. Staff is recommending the City Council assign two representatives to the Ad Hoc Housing Committee to meet on an as needed basis.

Additionally, the assignment on the Chino Basin Watermaster Board of Directors concluded with the term of office ending on December 19, 2019. The seat on the Watermaster Board of Directors is rotated among the Appropriators. The City of Chino will be eligible to appoint a representative to this Board for a two-year term in January 2026. As such, the Board will be removed from the Committee Assignment list.

12.13


2020 City Council Committee Assignments List

Committee Meeting Dates Members Alternate

Annual Review of the City Attorney As Needed Haughey/Hargrove

Annual Review of the City Manager As Needed Ulloa/Haughey

Chaffey College Community Center Oversight Committee

Quarterly Rodriguez

Chino Valley Chamber of Commerce Board of Directors (Staff Representative: Chris Kennedy, Economic Development Manager)

3rd Monday of the Month at 3 PM

Hargrove Haughey

Chino Basin Desalter Authority (Staff Representative: Dave Crosley, Environmental and Water Manager)

1st Thursday of the Month at 6:30 PM

Haughey Ulloa

Chino Planning Commission Liaison to Planning Commissioners

1st and 3rd Monday of the Month at 7 PM

Hargrove Rodriguez

Chino Public Financing Authority As Needed Haughey/Lucio

Posted on March 2, 2020 at 5:00 PM


Chino Valley Independent Fire District Liaison to Board of Directors

2nd Wednesday of the Month at 6 PM

Lucio Hargrove

Chino Valley Unified School District Liaison to Board of Education

1st and 3rd Thursdays of the Month at 6 PM

Hargrove Lucio

Chino Valley Unified School District Measure G Oversight Committee

3rd Tuesday at 5:30 PM

Hargrove Rodriguez

Citizen's Advisory Committee for CIM and CIW

Quarterly Hargrove

City Selection Committee (California Government Code Section 50270 designates the Mayor as the agency representative)

As Needed Ulloa Haughey

Chino Community Services Commission Liaison to Community Services Commissioners

4th Monday of the Month at 7 PM

Lucio Hargrove

Liaison to County Representatives (Chino Airport/Prado Regional Park)

As Needed Haughey/Lucio Ulloa


Economic Development Committee As Needed Haughey/Hargrove

Housing Committee As Needed Ulloa/Hargrove

Infrastructure/Streets Committee As Needed Ulloa/Lucio

Inland Empire Utilities Agency Regional Sewerage Program Policy Committee

1st Thursday of the Month at 5 PM

Ulloa Rodriguez

Investment Advisory Committee Quarterly/As Needed Haughey/Lucio

League of California Cities Inland Empire Division

As Needed Rodriguez Hargrove

League of California Cities – Legislative Task Force

As Needed Rodriguez Hargrove

OmniTrans Board of Directors (Staff Representative: Amer Jakher, Director of Public Works)

1st Wednesday of the Month at 8 AM

Ulloa Haughey


Ontario International Airport Inter Agency Collaborative (Staff Representative: Nick Liguori, Development Services Director)

As Needed Haughey/Harvey Luth, Chino Resident

San Bernardino County Solid Waste Advisory Task Force (Staff Representative: Joslyn Blakely, Project Coordinator)

April and October: 3rd Wednesday of the Month at 1:30 PM

Rodriguez Lucio

San Bernardino Transportation Authority Board of Directors (Staff Representative: Amer Jakher, Director of Public Works)

1st Wednesday of the Month at 10 AM

Ulloa Haughey

San Bernardino Transportation Authority Metro Valley Study Session (Staff Representative: Amer Jakher, Director of Public Works)

2nd Thursday of the Month at 9:30 AM

Ulloa Haughey

Southern California Association of Governments General Assembly

Annually Lucio

Santa Ana Watershed Advisory Council As Needed Hargrove

Solid Waste Committee As Needed Rodriguez/Lucio


Southern California Water Coalition Quarterly Meetings Ulloa

Water Facilities Authority Board of Directors (Staff Representative: Dave Crosley, Environmental and Water Manager)

3rd Thursday every other Month at 7:30 AM

Haughey Lucio

West Valley Mosquito and Vector Control District (Term on the Board of Trustees expires January 2022)

4th Wednesday of the Month at 11:30 AM

Ulloa

Revenue: Expenditure: 1002000-43300-N2027





TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO FROM: TOM HAUGHEY, MAYOR PRO TEM SUBJECT: COMMUNITY SUPPORT CONTRIBUTION.

RECOMMENDATION

Approve community support contributions in the amounts of $1,000 to Chino Valley YMCA, $250 to Chino American Little League, and $250 to Chino National Little League.

FISCAL IMPACT

Sufficient funds have been included in the Fiscal Year 2019-20 Operating Budget.

12.14


COUNCIL MEETING DATE: MARCH 3, 2020 SUBJECT: COMMUNITY SUPPORT CONTRIBUTION PAGE 2 BACKGROUND

The City of Chino is fortunate to have multiple non-profits 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, Mayor Pro Tem Haughey recommends that the City Council approve the following contributions:

• $1,000 to Chino Valley YMCA – Promotes the development and well-being of Chino youth through a variety of sports and educational programs.

• $250 each to Chino National and American Little League - Both organizations provide a safe environment for Chino youth to learn to play baseball while also developing leadership and teamwork skills.

By approving this contribution, these non-profit organizations will be better equipped to provide services to our community. Therefore, as proposed by Mayor Pro Tem Haughey, staff recommends that the City Council approve community support contributions to the above non-profits in the amounts specified.

12.14
