City of Chino
CA

Staff Report

Adopt Resolution No. 2017-028 Correcting Nunc Pro Tunc the text of the fifth recital in Ordinance No. 2017-004 to be presented to the voters at a Special Municipal Election to be held on Tuesday, July 11, 2017.

Information

Department:Administration DepartmentSponsors:
Category:Resolution

Attachments

  1. Printout
  2. Resolution No 2017-028 Correcting Nunc Pro Tunc Ordinance No 2017-004 (This file has not yet been converted to a viewable format)
  3. Corrected_Ordinance No. 2017-004 (This file has not yet been converted to a viewable format)
  4. Ordinance No. 2017-004_Exhibit B

Budget String

Revenue: Expenditure: Transfer In: Transfer Out:

Body

BACKGROUND

City staff have discovered a clerical error in fifth recital of Ordinance No. 2017-004 to be presented to the voters at the up-coming special July 11, 2017 election.  In light of the same, the City Council is requested to correct that clerical error, nunc pro tunc, so as to assure that the voters are presented with complete and accurate information upon which to base their determination to approve or reject Ordinance No. 2017-004.

 

ISSUES/ANALYSIS

Ordinance No. 2017-004 which is to be presented to the voters of Chino for consideration at the above-noted special election, was attached to Resolution No. 2017-015 and approved by the City Council on April 4, 2017, as Exhibit “A.”  As approved for submission to the voters by the City Council, Ordinance No 2017-004 included the following textual recital five:

“WHEREAS, the City Council has previously found and determined, as required by Friends of Sierra Madre v City of Sierra Madre (2001) 25 Cal.4th 165, that the Project will not have a significant adverse impact on the environment, as an Addendum to the Chino General Plan Environmental Impact Report for the Central and Francis Residential Project (Addendum), dated October 2014 was adopted by the City Council on December 2, 2014, and that Addendum found and determined that the Project will not have a significant adverse impact on the environment, as an Addendum to the certified Chino General Plan Final Environmental Impact Report (SCH# 2008091064) has determined that the proposed project will not substantially change the analysis, conclusions, or mitigation measures from the prior-certified EIR. The Addendum identifies anticipated environmental impacts resulting from the proposed project and documents how those impacts were previously addressed in the prior-certified EIR, and what mitigation measures in the prior-certified EIR will be brought forward and implemented by the Project to ensure that all impacts are mitigated to an acceptable level. All identified environmental mitigation measures in the Addendum will be made a condition of approval for subsequent development entitlements for the project site.”

Upon further review of this recital it was determined by City Staff to be incorrect based upon the prior actions of the City Council in connection with the environmental review of the so-called “Brewer Site Project.”  As a consequence, this recital should be corrected to read:

 

“WHEREAS, the City Council has previously found and determined, as required by Friends of Sierra Madre v City of Sierra Madre (2001) 25 Cal.4th 165, that the Project will have a significant adverse impact on the environment, as the Brewer Site Project Environmental Impact Report (EIR), dated February 15, 2017 was certified by the City Council on April 4, 2017. The City Council determined through the certification of the EIR that the benefits of the Project outweigh the unavoidable adverse environmental impacts through a Statement of Overriding Considerations.  The City Council adopted a Mitigation Monitoring and Reporting Program through the certification of the Final EIR, which all mitigation measures will be made a condition of approval for subsequent development entitlements for the project site.”

 

Staff and the Office of the City Attorney respectfully request that the City Council adopt the attached Resolution No. 2017-028 correcting the clerical error in the fifth recital in Ordinance No. 2017-004, direct that the City Clerk insert the corrected text into Ordinance No. 2017-004, direct the City Clerk to submit corrected Ordinance No. 2017-004 to the Board of Supervisors and the Elections Official of the County of San Bernardino, and direct the City clerk to submit corrected Ordinance No. 2017-004 to the voters of the City of Chino at the July 11, 2017 special municipal election.

 

Meeting History

May 16, 2017 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:APPROVED [4 TO 1]
MOVER:Tom Haughey, Mayor Pro Tem
SECONDER:Gary George, Council Member
AYES:Gary George, Glenn Duncan, Tom Haughey, Earl C. Elrod
NAYS:Eunice M. Ulloa