I. ROLL CALL
Roll Call
II. CLOSED SESSION
III. FLAG SALUTE
IV. CEREMONIALS
Proclamations
Law Enforcement Records and Support Personnel Day - November 7, 2017
a. Law Enforcement Records and Personnel Day
Proclamation recognizing November 16, 2017, as the American Cancer Society's Great American Smokeout Day.

Alex Cisneros, Community Services Coordinator, City of Chino; Olivia Applegate, Crime Prevention Specialist, Chino Police Department; and Jenny Mott, Nurse/Tobacco Use Prevention Education Grant Coordinator, Chino Valley Unified School District, will accept the proclamation from the Mayor.

a. American Smokeout
Presentations
Mayor's Home Beautification Award - November 2017
V. REPORT OUT OF CLOSED SESSION
VI. PUBLIC COMMUNICATIONS
VII. CONSENT CALENDAR
1. Approve expenses as audited and within budget for warrants 736266 to 736502, and Electronic Fund Transfers 505461E to 505590E, totaling $4,610,579.10. Approved By Consent Vote [Unanimous]

BACKGROUND

Having been approved 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.

736266 to 736367

9/28/17

17-18

$495,303.92

2.

505461E to 505503E

9/29/17

17-18

$589,251.98

3.

736368 to 736421

10/5/17

17-18

$195,785.52

4.

505504E to 505534E

10/6/17

17-18

$106,417.63

5.

736422 to 736502

10/12/17

17-18

$589,161.42

6.

505535E to 505590E

10/13/17

17-18

$2,634,658.63

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

     

*Denotes handwritten warrant

E: Electronic Funds Transfer

 

TOTAL

$4,610,579.10

 

ISSUES/ANALYSIS

See attached exhibit for detailed information on warrants exceeding $25,000.

 

 

 

 

RB:hm

 

Attachment:  Exhibit 1

 

 

documentStaff Report Printout
a. Warrants Report Exhibit 11-7-17
2. Item 2 was moved to ITEMS REMOVED FROM CONSENT CALENDAR
3. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City. Approved By Consent Vote [Unanimous]

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 Exhibits are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

 

Attachment: Exhibit A

 

documentStaff Report Printout
a. Exhibit A
4. Adopt Resolution No. 2017-056 providing a status report on the emergency conditions for water treatment services at the Eastside and Benson Water Treatment Facilities. Approved By Consent Vote [Unanimous]

BACKGROUND

On August 15, 2017, the City Council approved Resolution No. 2017-044 declaring an emergency condition and approving the execution of a contract for water treatment facilities.  Section four of Resolution No. 2017-044 calls for a report describing the status of emergency circumstances to be provided by the City Manager at each City Council meeting until either the installation of the treatment facilities has been completed or the emergency conditions cease to exist.

 

ISSUES/ANALYSIS

The following is a report on the status of the emergency circumstances as outlined in the attached Resolution No. 2017-056:

 

Since the time of the last (10/17/17) report on this subject there have not been any changes to the State-imposed MCL for 123TCP and there have not been any changes to the water quality produced by affected city wells.

 

Work to install the granular activated carbon water treatment equipment is processing in accordance with the approved schedule and equipment submittals are under review.

 

Benson Site

·         Foundation design and structural calculations have been approved by City staff.  Foundation construction is underway.

 

Eastside Site

·         Foundation design and structural calculations have been approved by City staff.  Foundation construction is underway.

 

 

 

documentStaff Report Printout
a. Water Treatment Facilities -Resolution--
5. Ratify the Mayor's appointments to the Chino Basin Watermaster Board and League of California Cities Inland Empire Division Executive Committee. Approved By Consent Vote [Unanimous]

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.

 

ISSUES/ANALYSIS

Presently there is need to select a representative to the League of California Cities (LOCC) Inland Empire Division Executive Committee. Council Member Gary George is the City’s Voting Delegate for the LOCC Business Meeting while Council Member Paul Rodriguez is the City representative for the LOCC I.E. Division Legislative Task Force. Accordingly, Council Member Geroge is being recommended to serve as the City’s representative with Council Member Rodriguez serving as an alternate for the LOCC Inland Empire Division Executive Committee.

The City’s representation on the Chino Basin Watermaster Board is determined by a rotation schedule which was approved by the San Bernardino Superior Court responsible for oversight of the Chino Basin Watermaster. The City of Chino’s representation on the nine-member Board is from January 2018 through December 2019. It is recommend the City Council ratify the appointment of Mayor Eunice Ulloa as Board Member and Mayor Pro Tem Tom Haughey as Alternate each for a two-year term commencing January 2018.

The Committee Assignments list is being brought back for consideration of amendments and final approval.

 

documentStaff Report Printout
a. 2017-2018_Committee Assignments_proposed changes for approval 11.7.2017
6. Appropriation of Earned Interest on Grant Funds for the following Police Department grants: AB3229 FY 14/15 in the amount of $145.70; AB3229 FY 15/16 in the amount of $665.49; AB3229 FY 16/17 in the amount of $517.24; BJA 2015 in the amount of $0.95 and BJA 2016 in the amount of $0.39. Approved By Consent Vote [Unanimous]

BACKGROUND

Grant funds are required to be deposited in a trust fund account.  Any interest earned on these funds must be used towards the specific expenditures stated in the grant.  The Finance Department provides the Police Department with the earned interest amount for each grant.  The interest earned, therefore, must be appropriated to each specific grant fund in order to expend the funds within the time frame established by the grant requirements.

 

ISSUES/ANALYSIS

The City of Chino has accepted grants on behalf of the Police Department from the State of California and the Federal Government.  Grant expenditures are regulated by both entities and are precise as to what the funds will be used for and the time frame in which the funds must be expended.  These regulations also apply to any interest earned from the grant funds.  Appropriation of the interest earned is recommended in order to expend the funds within the regulated time frame.  The interest highlighted shall go back for use into each specific grant.  This report includes five grants, three are the State Citizens' Option for Public Safety Program (COPS) grants set to be used for personnel and equipment while the remaining two are Federal Justice Assistance Grants to be used for equipment only.

 

documentStaff Report Printout
7. Approve renewal of a Live Entertainment Permit to Owens Bistro - located at 5210 D Street for a period of 12 months. Approved By Consent Vote [Unanimous]

BACKGROUND

James Kelly and Denise Kelly, owners of Owens Bistro at 5210 D Street, Chino, CA submitted an application to renew their Live Entertainment Permit. The request is for live musicians to play a guitar and sing, or have a three piece jazz band on Monday through Sunday between the hours of 6:00 p.m. - 11:00 p.m.

 

ISSUES/ANALYSIS

Pursuant to the Chino Municipal Code, Title 5 Business Licenses and Regulations, Chapter 5.20, Live Entertainment, 5.20.005 - 5.20.080, the Chino Police Department processed this application, which included an administration investigation of the business, its conduct, and that of the managers and/or those having supervision of the applicant's business. The investigation also included reviewing the application for completeness, verifying the identity of the owner, manager, as well as a review of calls for service at the location. The investigation did not result in any immediate disqualifying information being located with regards to the business, owner or manager.                                                                                                                                           

Provided the attached conditions are agreed upon and adhered to, it is recommended that the Live Entertainment Permit be renewed and granted for a period of twelve (12) months to Owens Bistro.

documentStaff Report Printout
a. Owens Bistro LEP Conditions 2017
8. Approve a renewal of a Live Entertainment Permit for Riverside Grill located at 5258 Riverside Drive for a period of 12 months. Approved By Consent Vote [Unanimous]

BACKGROUND

Rodrigo Ayala and Alonso Ayala, owners of Riverside Grill at 5258 Riverside Drive, Chino, CA submitted an application to renew their Live Entertainment Permit. The request is for live musicians to play no more than twice per week from 6:00 p.m. - 9:00 p.m.

 

ISSUES/ANALYSIS

Pursuant to the Chino Municipal Code, Title 5 Business Licenses and Regulations, Chapter 5.20, Live Entertainment, 5.20.005 - 5.20.080, the Chino Police Department processed this application, which included an administration investigation of the business, its conduct, and that of the managers and/or those having supervision of the applicant's business. The investigation also included reviewing the application for completeness, verifying the identity of the owner and manager as well as a review of calls for service at the location. The investigation did not result in any immediate disqualifying information being located with regards to the business, owner or manager.                                                                                                                                           

Provided the attached conditions are agreed upon and adhered to, it is recommended that the Live Entertainment Permit be renewed and granted for a period of twelve (12) months to Riverside Grill.

documentStaff Report Printout
a. LEP Conditions - Riverside Grill 2017
9. Reject liability claims filed by Daniel Robert Ramirez on September 27, 2017 alleging damage to his reputation, psyche, business, and general damages. Total demand is $550,000. Approved By Consent Vote [Unanimous]

BACKGROUND

              On September 27, 2017, the City received two claims from Daniel Ramirez. Provided below are summaries of the claims submitted and staff’s response to each claim.

 

              Claim OneMr. Ramirez alleges that he was denied “…federal food in the Senior Center for over 6-months.”  Furthermore, he is claiming damages to his reputation and demanding $300,000 from the City.

 

·         Mr. Ramirez was previously suspended from the Senior Center from April 14, 2016, through February 7, 2017, for violating the Senior Center’s Code of Conduct policy. 

 

·         On July 17, 2017, Mr. Ramirez was once again suspended from entering the Senior Center for his continued violation of the Senior Center’s Code of Conduct.  This precludes Mr. Ramirez from participating in the Senior Lunch Program.

 

Claim Two -   Mr. Ramirez alleges damages to his psyche, reputation, business, and general damages after the crime of arson that he was charged with was later dismissed.  He is demanding $250,000 from the City.

 

·         City staff confirmed that Mr. Ramirez’ arrest and charge were lawfully executed.

 

 

ISSUES/ANALYSIS

Staff recommends that both claims be rejected and notification of denial be sent to claimant.  Chino Municipal Code Section 3.70.070 provides that the City Council shall act on a claim in the manner provided in Government Code Section 912.4 and 912.6 within forty-five days after the claim has been presented.  If the City Council fails to act on any claim filed under this chapter, the claim will be deemed denied on the forty-fifth day after the claim was presented.

 

 

 

documentStaff Report Printout
a. redacted 09-27-17 Ramirez, Daniel - Damage to Reputation
10. Reject liability claim filed by Daniel Carpio submitted on September 21, 2017 for personal injury to his ankle after he allegedly tripped and fell over a broken water meter cover. Approved By Consent Vote [Unanimous]

BACKGROUND

On August 15, 2017 at approximately 2:00 p.m., the claimant was walking down San Antonio Drive when he alleges to have tripped and fell, injuring his ankle.  Mr. Carpio submitted documentation releasing him from Chino Valley Medical Center after being treated for an ankle sprain.  He was prescribed Ibuprofen and advised to follow up with his primary care physician.

 

ISSUES/ANALYSIS

On August 15, 2017 a call was placed to City Hall by Mr. Carpio stating that he had just injured his ankle on a broken sprinkler.  City water staff reported to the scene and confirmed the broken meter cover.  The area was coned off while a new meter cover was immediately installed.

The City had not received any calls for service for this location or specific water meter prior to the incident.  Once the City was notified of the hazard, it immediately responded to correct the issue. The meter cover lies in plain view along San Antonio Avenue. Accuweather.com confirms that the high temperature that day was 79 degrees.

When City water staff arrived on scene after receiving the phone call from Mr. Carpio, he was seen standing on his own two feet approximately 20-30 feet from the cover, in no obvious pain, pointing to the broken meter cover.  From the time City water staff received the call for service until the repair was made, approximately 40-45 minutes had passed.  Mr. Carpio was seen standing nearby showing no signs of injury nor did he make a request for medical attention.

Therefore, staff recommends that this claim be rejected and proper notification be sent to claimant.  Chino Municipal Code Section 3.70.070 provides that the City Council shall act on a claim in the manner provided in Government Code Section 912.4 and 912.6 within forty-five days after the claim has been presented.  If the City Council fails to act on any claim filed under this chapter, the claim will be deemed denied on the forty-fifth day after the claim was presented.

 

documentStaff Report Printout
a. redacted Claim Against the City - Daniel Carpio
11. Approve purchase orders to Russell Corby, dba Security Lines US of Sherman Oaks, CA, for an aggregate total amount not to exceed $81,000 for the purchase of POD cameras Approved By Consent Vote [Unanimous]

BACKGROUND

In early 2017, the Police Department purchased two POD (Police Observation Devices) cameras from Russell Corby (Security Lines US) of Sherman Oaks, CA. Security Lines US is the original equipment manufacturer of the POD cameras. Each camera consists of three pan/tilt/zoom cameras and one stationary camera.  Connectivity for the cameras is provided through cellular service and are powered through the light pole upon which each POD is mounted. These cameras are not discrete and are designed to be a crime deterrence by their mere presence. The cameras can be moved from one location to another by department personnel and have been utilized to monitor high crime areas, public events and areas that require extra police presence. The cameras can be monitored in real time at the Chino Police station by police personnel.

The Police Department has already seen a significant benefit with the two POD cameras it currently possesses. The deployment of the POD cameras has not only deterred crime but it has allowed for officers to be dispatched to specific areas when suspicious activity and crimes in progress are observed on the cameras.

We are using the original bid price and the cameras must be compatible with the same cameras already installed and, thus, bidding would not be necessary per CMC subsection 3.32.060.B, 1, which provides "No competitive advantage would be gained from competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source.”

 

ISSUES/ANALYSIS

With the recognized benefits of the two POD cameras currently in use, several other locations have been identified throughout the city that would benefit from camera monitoring. 

On September 5th, 2017, Council approved the acceptance of the 2017 Justice Assistance Grant for the purchase of two POD cameras.

Additionally, the department is requesting four more POD cameras to be purchased with Citizens' Options for Public Safety grant funds (COPS Grant). This would provide the department with a total of eight POD Cameras. The cost of each POD camera is $8,076.  Annual recurring costs would be approximately $1,000 for data card cellular service.

This request is to issue purchase orders only; as appropriations required have already been made. Expenditures are projected to total $81,000. City Council authorization is required as the combined total of purchase orders will exceed $25,000 authorized to one vendor.

 

 

documentStaff Report Printout
a. scannedImage.tif
12. Award a contract with Golden Meters Service, Inc. for the installation of water meters in an amount not to exceed $95,000; and authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two, one year contract extensions. Approved By Consent Vote [Unanimous]

BACKGROUND

Included in the FY 2017-18 Budget are funds for the continuing Water Meter Retrofit Project. This project is converting older manual read and drive-by water meters to the City’s new fixed antenna system (AMI). In furtherance of this project, staff is recommending that the remaining 1.5” and 2” meters be installed by a professional installation company. It would be cheaper and more efficient to have these larger meters installed professionally.

 

ISSUES/ANALYSIS

On September 28, 2017, staff published a Notice Inviting Bids (IFB) for the installation of water meters. The IFB contained an estimated number of meters of various sizes in order to obtain a cost per meter size as well as a total installation cost based on the estimated number of meters. This information would allow staff to select the quality and size of the installations based on the pricing received. On October 19, 2017, staff received the following bids:

 

Company Name

Total Bid Amount

Golden Meters Service, Inc.

$110,360

Westpac Pipeline

$125,600

C.H.I. Construction

$136,050

Michels Pipeline Construction

$137,960

Concord Environmental Energy

$140,680

Professional Meters

$207,950

T.E. Roberts

$229,280

 

Golden Meters Service, Inc. is properly licensed, and deemed to be the lowest, responsive and responsible bidder. Staff contacted several recent clients of Golden Meters Service, Inc. and received positive comments from these references. In addition, the City has utilized Golden Meters Service, Inc. for other water meter related services for over 10 years and is very confident that they have the expertise necessary to successfully complete this project.

 

Staff further reviewed the per meter pricing submitted by Golden Meters Service, Inc. and is recommending that Golden Meters Service, Inc. be contracted to install 1.5” & 2” meters at the proposed price of $85 per meter.

 

It is, therefore, staff’s recommendation that the City Council award and authorize a contract to Golden Meters Service, Inc. to install water meters at a cost not-to-exceed $95,000.

 

 

RB:RM:hm

 

documentStaff Report Printout
a. CONTRACT-GOLDEN METERS-WATER METER REPLACEMENT
13. Approve a First Extension to the existing contract for Professional Services Agreement with LAE Associates, Inc., Placentia, CA for Capital Improvement Project Services Approved By Consent Vote [Unanimous]

BACKGROUND

The Fiscal Year 2017-18 Budget encompasses over five million dollars in funding for the design and construction of various water main replacement projects throughout the City of Chino.  There are 35 street locations throughout the northern part of the city that have been sectioned into three Quadrants for waterline replacement design and construction. Consequently, staff released a Request for Proposals for project/construction management services to facilitate the timely delivery of the waterline replacement projects.

 

On November 15, 2016, the City Council awarded a contract to Local Agency Engineering Associates, Inc. (LAE) in the amount of $247,600 for project management services. The contract term is for 1-year with the option to extend two (2) additional 1-year periods. Staff is proposing extending the term for an additional year.

 

ISSUES/ANALYSIS

It is staff’s recommendation the City Council approve an Extension to the Professional Services Agreement with LAE for an additional 1-year period to continue project management services for the various water main replacement projects throughout the City.

 

 

documentStaff Report Printout
a. LAE EXTENSION NO. 1
14. Approve a reimbursement agreement with the City of Chino Hills and Turner Chino Hills, LLC for public improvements at West Monte Vista Avenue and Chino Hills Parkway. Approved By Consent Vote [Unanimous]

BACKGROUND

On October 1, 2013, the City Council of Chino certified the Environmental Impact Report (EIR) and a Mitigation, Monitoring and Reporting Program (MMRP) for Majestic Realty Company’s (Majestic) industrial warehouse and retail development project located at the northwest corner of Kimball and Euclid Avenue.  The EIR includes a traffic study that examines the impacts of the Project on traffic intersections that Chino shares with adjacent cities, including the City of Chino Hills.  The MMRP and traffic study both indicate that Majestic must deposit $7,705 with the City of Chino, which is an estimated amount equal to the project’s fair-share of the cost for installing a traffic signal at the intersection of West Monte Vista Avenue and Chino Hills Parkway.  On June 29, 2015, Majestic deposited the $7,705 fair share amount, in trust, with the City of Chino.

 

On April 14, 2015, the City of Chino Hills approved the Enabling Ordinance for Turner Chino Hills LLC., (Turner) Fairfield Ranch Commons, a mixed-use development project located at the northeast corner of West Monte Vista Avenue and Fairfield Ranch Road.  Pursuant to the project’s Mitigated Negative Declaration for Environmental Assessment and the Mitigation Monitoring Plan, Turner was required to install the traffic signal at the intersection of West Monte Vista Avenue and Chino Hills Parkway.  Turner completed the construction of the traffic signal on or before December 13, 2016.

 

ISSUES/ANALYSIS

The City of Chino and Chino Hills, acknowledge that the installation of the traffic signal substantially complies with the mitigation measures of the Majestic EIR.  Both Chino and Chino Hills desire to release the fair-share amount to Turner Chino Hills, LLC., in fulfillment of the mitigation measures.  Therefore, staff recommends approval of the reimbursement agreement and requests that the City Council approve an immediate reimbursement of $7,705 to Turner Chino Hills, LLC.  The reimbursement agreement has been reviewed and approved by the City Attorney.

 

documentStaff Report Printout
a. Monte Vista_Chino Hills PKWY
15. Approve Final Tract Map No. 19947 (generally located south of Bickmore Avenue, north of Pine Avenue, west of Hellman Avenue) as presented by Richmond American Homes of Maryland, Inc., a Maryland Corporation that consists of 42 single-family detached residential dwelling units on one parcel on approximately 3.63 acres located within the Harvest residential community. Approved By Consent Vote [Unanimous]

BACKGROUND

Tract Map No. 19947, as presented by Richmond American Homes of Maryland, Inc., a Maryland Corporation that consists of 42 single-family detached residential dwelling units on one parcel on approximately 3.63 acres located within the Harvest residential community.  It is generally located south of Bickmore Avenue, north of Pine Avenue, west of Hellman Avenue (Exhibit A). Tract Map No. 19947 was conditionally approved by the City of Chino Planning Commission on June 30, 2015.

 

ISSUES/ANALYSIS

The requirements made at the time of the final map approval have been satisfied.  A Subdivision Improvement Agreement and securities are not required as the required public improvements are covered under Tract Map No. 18480.

 

 

documentStaff Report Printout
a. TM 19947 Exhibit A
16. Item 16 was moved to ITEMS REMOVED FROM CONSENT CALENDAR
17. Adopt Ordinance No. 2017-011, Amending Title 15 of the Chino Municipal Code by adding Chapter 15.30 to provide an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations. Approved By Consent Vote [Unanimous]

BACKGROUND

This matter was introduced on first reading by the Council at their October 17, 2017 meeting.  Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

 

ISSUES/ANALYSIS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, AMENDING TITLE 15 OF THE CHINO MUNICIPAL CODE BY ADDING CHAPTER 15.30 TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS (EVCS).

 

 

 

 

 

 

documentStaff Report Printout
a. O2017-011
ITEMS REMOVED FROM CONSENT CALENDAR
Minutes. Regular Meeting of October 17, 2017 (Elrod Absent) Approved [Unanimous]
Accept the Chamber of Commerce Renovation Project, file the Notice of Completion, and release the retention funds.

BACKGROUND

Included in the Building Management Fund’s 2017-18 fiscal year budget were funds for the construction of the Chamber of Commerce Renovation Project. The project’s scope of work consisted of replacing the exterior stairway, repairing the exterior’s trim/wood siding, and entirely repainting the building’s exterior. The project also included modifications to the rear public entrance to the building to meet current accessibility design guidelines. 

 

Construction documents were prepared and advertised for bids and on November 18, 2015, the City Council awarded a contract in the amount of $159,300 to R. Dependable Construction, Inc., San Bernardino, CA for the construction of the site improvements. Construction of the project began on February 16, 2016, with the Building Department conducting the final inspection on September 19, 2017. Building Department staff have verified that the site improvements meet all current accessibility standards.

 

ISSUES/ANALYSIS

During construction, several unforeseen items were identified in the field and addressed as modifications to the project. The design and construction of the exterior stairway had to be modified to accommodate the interior framing of the building originally constructed in 1887.  Additional modifications included widening of the accessibility ramp to accommodate for the increased size of the stairway, replacement of the existing curb for the parking lot, and modifications to the electrical panel to meet current building code requirements. These modifications were performed by the contractor as part of the project construction with the costs being summarized in Change Order No. 1.

 

The following is a summary of the final accounting of costs for the project:

 

              R. Dependable Construction, Inc. Contract                                                           $   159,300.00

              Change Order No. 1                                                                                                    $     14,137.00

              Final Project Amount                                                                                                  $   173,437.00

 

It was also recommended during construction that the path of travel leading from 7th Street to the Chamber of Commerce parking lot (located on the west side of the building) be upgraded to provide additional accessibility to the rear entrance of the Chamber. As the proposed improvements were outside the original project scope of work, additional plans needed to be prepared for the work.  Construction documents for this work were subsequently prepared and approved by the Building Department.  Bids are currently being received for the additional work and will be constructed as a separate phase of work outside the current construction contract.

 

R. Dependable Construction, Inc. has satisfactorily completed all work within the project budget and has complied with the terms of the contract.  The required manufacturers and installation warranties are currently on file with the City.  A Notice of Completion has also been prepared for filing with the San Bernardino County Recorder’s Office.

 

 

 

documentStaff Report Printout
VIII. PUBLIC HEARING
IX. NEW BUSINESS
18. Ordinance to prohibit commercial marijuana activities throughout the City and to establish reasonable regulations for the personal cultivation of marijuana Approved [Unanimous]

BACKGROUND

In October 2015, the State legislature adopted the Medical Cannabis Regulation and Safety Act (“MCRSA”) to establish a statewide regulatory system for the licensing and operation of commercial medical marijuana businesses. MCRSA explicitly allows cities to prohibit each of the permitted types of commercial medical marijuana businesses.

At the November 8, 2016 election, California voters approved Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA”). AUMA legalized the limited personal use and possession of marijuana, and preempted cities from prohibiting the cultivation of up to 6 marijuana plants for personal use indoors at a private residence. However, a city may completely prohibit the outdoor personal cultivation of marijuana.

AUMA also established a statewide regulatory system for the licensing and operation of commercial marijuana businesses for recreational use, which was similar to the medical marijuana regulatory scheme enacted by MCRSA. AUMA also explicitly allows cities to prohibit each of the permitted types of commercial marijuana businesses.

Recently, the State legislature adopted SB 94, also known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). The purpose of MAUCRSA is to reconcile the differences between the MCRSA and the AUMA, and to bring medical and recreational marijuana businesses into the same regulatory scheme.

Under the MAUCRSA, on or about January 1, 2018, the State of California will begin issuing state licenses for commercial marijuana operations (both medical and recreational). Local governments maintain regulatory and land use authority over all of these new commercial marijuana operations that the State will be licensing. Cities may completely prohibit these businesses, allow some but not others, or allow all of them. Cities may also impose stricter regulations than the State on any marijuana business type they allow. However, to maintain local control over these businesses, local governments are advised to expressly determine by ordinance whether each different type of business operation will be allowed in a city before the beginning of the new year. Thus, a failure to affirmatively address these operations through local ordinance may be interpreted to allow commercial marijuana operations to conduct business in a city pursuant to a valid state license, if that city does not expressly prohibit that license type.

 

ISSUES/ANALYSIS

Commercial Marijuana Activities

 

The City’s municipal code currently has prohibitions in Title 20 (“Zoning”) against marijuana processing, marijuana delivery, marijuana dispensaries, and marijuana cultivation. (See generally Chino Municipal Code section 20.01.060.) The City’s municipal code also currently has Chapter 10.70 (“Mobile Marijuana Dispensaries”), which prohibits mobile marijuana dispensaries and deliveries throughout the City. However, these prohibitions pre-date the AUMA and the MAUCRSA, and therefore do not necessarily cover each of the 20 types of licenses the State will begin issuing in January 2018.

 

The State marijuana licenses will be for retail sales, cultivation, manufacturing, testing, distribution, and micro businesses. There will be the same twenty different license types available for medical and recreational commercial operations, to be distinguished by either an “A” for adult-use (i.e., recreational) or an “M” for medical use. (Business & Professions Code § 26050.)

 

Generally speaking, manufacturing involves the preparation of marijuana products such as oils and edible products, and distribution involves the transportation of marijuana and marijuana products between licensed commercial facilities (e.g. transporting marijuana between the cultivation site and the testing facility). Deliveries of marijuana are covered by the “retailer” category of licenses.

 

The specific license types are as follows, with the majority being for various types of marijuana cultivation:

 

1.              Type 1 = Cultivation; Specialty outdoor; Small.

2.              Type 1A = Cultivation; Specialty indoor; Small.

3.              Type 1B = Cultivation; Specialty mixed-light; Small.

4.              Type 1C = Cultivation; Specialty cottage; Small.

5.              Type 2 = Cultivation; Outdoor; Small.

6.              Type 2A = Cultivation; Indoor; Small.

7.              Type 2B = Cultivation; Mixed-light; Small.

8.              Type 3 = Cultivation; Outdoor; Medium.

9.              Type 3A = Cultivation; Indoor; Medium.

10.              Type 3B = Cultivation; Mixed-light; Medium.

11.              Type 4 = Cultivation; Nursery.

12.              Type 5 = Cultivation; Outdoor; Large.

13.              Type 5A= Cultivation; Indoor; Large

14.              Type 5B = Cultivation; Mixed-light; Large.

15.              Type 6 = Manufacturer 1.

16.              Type 7 = Manufacturer 2.

17.              Type 8 = Testing laboratory.

18.              Type 10 = Retailer.

19.              Type 11 = Distributer.

20.              Type 12 = Microbusiness

 

The proposed ordinance specifically prohibits each of these types of licenses from operating within the City by adding a new Chapter 5.65 (“Marijuana Uses and Activities Prohibited”) to the Chino Municipal Code. Because “mobile marijuana dispensaries” and/or “marijuana deliveries” would be covered by the “Retailer” category described above, the proposed ordinance would delete the existing Chapter 10.70 from the Chino Municipal Code.

 

Personal Marijuana Cultivation

 

Currently, the City’s municipal code completely prohibits marijuana cultivation throughout the City in Section 20.01.060(C). However, the City’s municipal code currently does not address the personal cultivation of up to 6 marijuana plants indoors at a private residence, which the City may not prohibit under Proposition 64. Therefore, the City’s existing prohibition against marijuana cultivation is now preempted by State law to the extent it prohibits the indoor personal cultivation of up to 6 marijuana plants at a private residence. The City may continue to prohibit the outdoor cultivation of marijuana for personal use, and may establish reasonable regulations for the indoor cultivation of marijuana.

 

The proposed ordinance prohibits the outdoor cultivation of marijuana throughout the City and establishes reasonable regulations for the indoor cultivation of up to 6 marijuana plants at a private residence. The proposed regulations include, among other things:

 

·         The 6 plants must be grown entirely within a private residence or a fully-enclosed accessory structure to a private residence, and must not be visible from a neighboring property or public right of way.

·         Odors from marijuana cultivation must not be detectable from a neighboring property or public right of way.

·         The marijuana plants and marijuana grown from the plants in excess of 28.5 grams must be in a locked space on the property.

·         Marijuana cultivation cannot displace required parking at the private residence.

·         There must be a fire extinguisher kept in the room where the marijuana cultivation is occurring.

·         Any lighting used for the marijuana cultivation must not exceed the rated wattage and capacity of the circuit breaker, and must not result in light shining outside of the private residence or accessory structure.

·         A tenant must have landlord and/or property owner control to cultivate marijuana at a private residence.

·         A violation of the enumerated regulations is declared a public nuisance which may be abated by the City.

 

 

ENVIRONMENTAL IMPACT

 

The proposed ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect or physical change to the environment.

 

 

documentStaff Report Printout
a. O2017-012
X. MAYOR AND COUNCIL REPORTS
Mayor Ulloa
Mayor Pro Tem Haughey
Council Member Elrod
Council Member George
19. Approve community support contributions for the Chino Youth Museum Bingo Bash Event in the amount of $250 and the Christmas Outreach event (in partnership with Chino Neighborhood House) in the amount of $500. Approved [Unanimous]
documentStaff Report Printout
Council Member Rodriguez
City Manager's Report
20. Receive and file a report regarding Monday's October 30th Workshop, memorializing the direction given by City Council to staff on the City's Sphere of Influence and Measure M.

BACKGROUND

On October 30, 2017, the Chino City Council conducted a special meeting to discuss and provide direction on matters pertaining to the City’s Sphere of Influence as well as Measure M. After hearing public comments/recommendations, the City Council engaged in open discussion and ultimately provided direction to staff to procure studies that offer clearer options relating to the City’s policy on the Sphere of Influence and Measure M.

 

ISSUES/ANALYSIS

To reiterate and memorialize the directions given to staff by the City Council, the following summarizes the direction given in response to the October 30th meeting:

 

Sphere of Influence:

 

City Council confirmed current policy that sewer connections will not be made unless the affected property first annexes into the City.

 

City Council directed staff to procure the following studies :

 

·         Demographic Analysis

 

·         Analysis of Existing Land Uses

 

·         Economic Analysis (including property tax data and cost for service for both the existing City compared to that of the Sphere.  In addition, it should incorporate liability and exposure costs).

 

·         Infrastructure Analysis (with an interest in looking at infrastructure ranges, basic to current standards).

 

·         After receiving the above information, conduct a statistically significant public opinion survey to test the desire to annex to the City

 

Measure M:

 

Any changes to Measure M will require voter approval.  The Council directed staff to examine the following:

 

·         Changes in Language – Provide a legal conclusion whether the City may replace the term Zoning Map” with “General Plan Map” within Section 2 of the Measure M text which will effectively allow Measure M to be applied to the Sphere.

 

·         Forgo City Council’s Ability to Place a Measure on the BallotProvide a legal conclusion whether Measure M can be amended to prohibit the City Council’s ability to call a special election, requiring a developer to obtain signatures to initiate a ballot measure.

 

·         Special Elections – Provide a legal conclusion as to whether a Measure M can only be done by Special Election vs a General Election

 

·         Costs – Provide a legal conclusion as to whether all Measure M election costs be borne by the developer regardless of whether it is initiated by Council or through the signature process.

 

·         Plan Submittals – Provide a legal conclusion as to whether Measure M could require the developer to submit subdivision maps that provide greater detail as part of the election process.

 

·         Voting By-District

 

A) Provide a legal conclusion as to the number of signatures that would be required for a ballot measure amending Measure M by voting district (i.e. a percentage of register voters in the district or percentage of voters in the entire City.)

 

B) Provide a legal conclusion as to whether a Council Member representing the district be the only one capable on the City Council to forward a project to a Measure M vote?

 

Other Items “Parking Lot” to Research:

 

·         Community Plan Concept

 

·         Posting of Community Development Applications on the City’s Website

 

·         Monitoring County’s Update to Land Use Plan

 

 

 

documentStaff Report Printout
City Attorney's Report
Police Chief's Report
Fire Chief's Report
XI. ADJOURN