Roll Call
1. Chino's 2017 Commercial and Residential Recycling All Star Recipients

For Residential: Jimmy and Monica Montes of 11847 Serra Avenue; Tom and Lulu Tyner of 6477 Elena Street.


For Commercial: Kenco Logistics Services of 12875 Reservoir Street 

a. Certificates
1. Approve expenses as audited and within budget for warrants 736503 to 736713, Electronic Fund Transfers 505625E to 505664, and Handwritten Warrant 736714, totaling $2,216,624.76. Approved By Consent Vote [Unanimous]


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









736503 to 736602





505593E to 505624E





736603 to 736713





505625E to 505664E




































*Denotes handwritten warrant

E: Electronic Funds Transfer






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







Attachment:  Exhibit 1



documentStaff Report Printout
a. Warrants Report Exhibit 11-21-17
2. Minutes. Regular Meeting of November 7, 2017 (all Members present) Approved By Consent Vote [Unanimous]
3. Receive and file the Elected City Officials' Report reflecting City Council business related expenses incurred by the City. Approved By Consent Vote [Unanimous]


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.



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. 2017-059 providing a status report on the emergency conditions for water treatment services. Approved By Consent Vote [Unanimous]


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.



The following is a report on the status of the emergency circumstances as outlined in the attached Resolution No. 2017-059:


Since the time of the last (11/7/17) 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 progressing 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 complete and construction of site piping and treatment               system components are underway.


documentStaff Report Printout
a. Water Treatment Facilities -Resolution--
5. Authorize a Purchase Order increase for Joe A. Calabrese in the amount $36,969 to provide consulting services regarding the Americans with Disabilities Act. Approved By Consent Vote [Unanimous]


Title II of the ADA protects persons with disabilities from discrimination by requiring equal access to programs, activities, and services provided by local government agencies. Public entities must evaluate current services, along with policies and practices to determine compliance with ADA regulations.

In an effort to ensure compliance with the provisions of the ADA, the City entered into an agreement with consultant Joe Calabrese (Calabrese) in the amount of $110,000 to review eighteen facilities. Conclusively, the consultant’s task was comprised of conducting surveys and issuing recommendations that outlined necessary upgrades to improve accessibility.



As the 2016-2017 Fiscal Year came to a close, staff was informed that the facility inspections had not been fully completed. As such, there were contract funds still available. In preparing for the Fiscal Year 2017-2018 annual budget, Community Development staff carried over the entire fund balance of $36,696 into the new fiscal year. Moreover, to ensure adequate funding, staff received Council’s authorization on June 20, 2017 to increase the total contract amount by $30,000, bringing the total amount to $140,000.

Presently, the FY 2017-2018 purchase order amount for Calabrese is $30,000. In order to increase the purchase order amount, staff is requesting that the Council authorize a purchase order increase in the amount of $36,696 (current fund balance) for an amount not to exceed $66,696.

documentStaff Report Printout
6. Award a Professional Services Agreement in the amount of $26,425 to RJM Design Group, San Juan Capistrano, CA for additional accessibility improvement design services. Approved By Consent Vote [Unanimous]


In June 2017, the City contracted with RJM Design Group, San Juan Capistrano, CA to design a series of parking lot accessibility improvements at Ayala Park.  Resurfacing improvements planned for the south parking lot that fronts Central Avenue triggered the need to update this portion of the parking lot to meet accessibility design standards. RJM’s original scope of services was designed to primarily address the accessible parking stalls located in the north end of the south parking that front Central Avenue.  The existing north section of the parking lot and accessible parking area were constructed in the mid 1970’s and is out of compliance with current accessibility guidelines. 


During the course of design and plan review, a number of additional accessibility related issues were identified that also need to be addressed as part of the overall parking lot upgrades.  These items included additional areas of sidewalk that need to be repaired, replaced or completely re-designed to ensure the sidewalk sections provide accessibility for all park patrons.  The City requested that RJM submit a proposal for the additional survey and related design services required to address the additional accessibility issues.  RJM subsequently submitted a proposal in the amount of $26,425 based on the revised scope of services requested by the City. The proposal amount also included additional funds to address additional plan modification costs incurred during the initial plan review process.



RJM Design Group prepared the construction documents and designed the initial Ayala Park Accessibility Improvements.  RJM Design Group has extensive knowledge and experience working with this project and therefore, has the technical capabilities to properly provide the required additional services being proposed. 

RJM Design Group has demonstrated competence, ability, capacity and skill to perform the required services. They are the best-qualified firm to provide the services based on their past experience and historical knowledge of the project. Therefore, staff proposes to single-source this contract with RJM Design Group for planning and engineering services for accessibility improvements at Ayala Park in lieu of requesting proposals.

It is staff’s recommendation the City Council approve a new contract with RJM Design Group in the amount of $26,425 for design services for the Ayala Park South Parking Lot Improvements. The contract will be for one-year with the option to extend two (2) additional years as needed.




Attachments:              Design Professionals Agreement

                            Single Source Justification Form

documentStaff Report Printout
7. Adopt Resolution No. 2017-058 accepting right-of-way easements along Pine Avenue from the Orange County Flood Control District to construct street improvements pursuant to the conditional of approval of Tract Map No. 18480. Approved By Consent Vote [Unanimous]


On August 18, 2014 the Chino Planning Commission approved the Harvest Project (Tract Map No. 18480), a 600-unit residential development generally located at the northwest corner of Pine Avenue and Hellman Avenue. The project’s conditions of approval required the Chino Preserve Development Corporation (Lewis) to construct various offsite street improvements along Pine Avenue from Euclid Avenue to Mill Creek/Chino Corona-Road.  These improvements include, but are not limited to, widening Pine Avenue to accommodate additional travel lanes in both the westbound and eastbound directions. 


City staff has determined that additional right-of-way on the south side of Pine Avenue is necessary in order for Lewis to construct these street improvements. The Orange County Flood  Control District (OCFCD) has agreed to grant the City various right-of-way easements to  accommodate the proposed improvements.  OCFCD has drafted these easement documents, which are currently under review.



The Pine Avenue right-of-way easements total approximately 4.5 acres. Therefore, in accordance with Resolution 2007-073, the execution of these easements must be approved by City Council resolution. Staff recommends adoption of Resolution No. 2017-058 accepting right-of-way easements along Pine from OCFCD subject to further minor revisions of the easement documents by staff and the City Attorney. 


documentStaff Report Printout
a. Pine Avenue ROW Resolution
b. Road Easement - E01PD 38-55 11 09 17
c. Storm Drain Easement - E01PD 38-50_38-51_38-52 11-09-17
d. TCE No Recording - E01PD 38-53 and 38-54 11-09-17
8. Quitclaim and dedication of land for right-of-way purposes at 5993 Riverside Drive (portion of APN 1020-101-56). Approved By Consent Vote [Unanimous]


Frontage improvements along the 5900 block of Riverside Drive were constructed by the City at some point in the past. Some of these improvements, including street widening, curb, gutter, and sidewalk, were constructed on privately-owned property at 5993 Riverside Drive (APN 1020-101-46). A dedication of right-of-way was never acquired by the City.

The roadway improvements were also completed on an adjacent parcel, APN 1020-101-56. This parcel has been owned by the City since at least 1982. This parcel was never dedicated for right-of-way purposes.

In 2014, Michael and Debra Boyle purchased the property at 5993 Riverside Drive. Subsequently, they discovered that a portion of the residence on the property was built over the property line on the parcel owned by the City. Additionally, the vehicular access point to their property was located on the City-owned parcel. The structures on the property were built in the early 1900's. The Boyles contacted the City seeking to rectify this problem.



Staff is asking that the City Council take a number of actions to correct these problems. The following methodology was developed in concert with the City Attorney and City Land Surveyor. First, the City will quitclaim, or grant to the Boyles, the portion of APN 1020-101-56 that is adjacent to their property. This will correct the problem of their property improvements being located on City-owned land. Second, the Boyles will dedicate the frontage along their entire property (APN 1020-101-56 and APN 1020-101-46) to the City for street and highway purposes, which will place all current roadway improvements within the right-of-way. Finally, a "lot tie" agreement will be recorded between the two parcels, so that they cannot be sold separately in the future. All of these documents will be recorded in immediate succession. The City is not requesting monetary consideration for the quitclaim, because the City will be receiving full dedication along the property frontage as consideration instead.





Attachment:              Quitclaim Deed

                            Irrevocable Offer

                            Covenant and Agreement


documentStaff Report Printout
a. Quitclaim Deed
b. Irrevocable Offer
c. Covenant & Agreement
9. Approve Final Tract Map No. 19994 (generally located south of Market Street, east of East Preserve Loop, west of Hellman Avenue, and north of Chino-Corona Road) and the Subdivision Improvement Agreement and securities. Approved By Consent Vote [Unanimous]


Tract Map No. 19994, as presented by Chino Holding Company LLC, consists of an overall residential subdivision on approximately 83.77 acres generally located south of Market Street, east of East Preserve Loop, west of Hellman Avenue, and north of Chino-Corona Road (Exhibit A).  Tract Map No. 19994 was conditionally approved by the City of Chino Planning Commission on November 21, 2016.



The requirements made at the time of tentative map approval have been met by the execution of the Subdivision Improvement Agreement and by posting the necessary securities to guarantee the construction of public improvements. The City Attorney has reviewed and approved the Subdivision Improvement Agreement and respective securities.




documentStaff Report Printout
a. Final Map TM 19994 Exhibit A
b. Subdivision Improvement Agreement for TM. 19994
10. Adopt Ordinance No. 2017-012, Prohibiting Commercial Marijuana Activities Throughout the City and to Establish Reasonable Regulations for the Personal Cultivation of Marijuana Approved By Consent Vote [Unanimous]


This matter was introduced on first reading by the Council at their November 7, 2017 meeting.  Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.




documentStaff Report Printout
a. O2017-012
11. Appeal of the Planning Commission Action Denying Pl15-0389 (Site Approval) and PL15-0390 (Special Conditional Use Permit)


The project site was originally annexed into the City of Chino in 1993 in anticipation of development of a church that was never constructed. In 2010, the site was changed from a residential zone and land use designation to commercial as part of the City’s 2010 comprehensive General Plan update for the purpose of development of future neighborhood commercial uses.

On October 16, 2017, the Planning Commission held a public hearing for the proposed commercial center consisting of four single-story buildings, including a drive thru that totals 19,513 square feet of lease space on a 1.89-acre site located at the northwest corner of Chino Avenue and Pipeline Avenue.  A number of residents who live in the area attended the meeting in opposition of the project.  The major issues brought up by the residents included a concern with traffic impacts, drainage, and land use compatibility in terms of lighting, noise, and fumes/odors.  These concerns are similar to those brought up by the residents throughout the entitlement process and at the neighborhood meeting conducted for the project on September 14, 2017. Attached is the Planning Commission staff report that outlines the resident concerns in more detail (Attachment B). After receiving public testimony and written correspondence from residents (Attachment E), the Planning Commission denied the project (3-2, 1 absent).

On October 23, 2017, the City received an appeal application from the applicant (Attachment A), appealing the Planning Commission’s action to deny the project.



As mentioned, residents in the area of the project are mainly concerned with 1) traffic impacts; 2) drainage; and 3) land use compatibility in terms of lighting, noise, and fumes/odors. Staff discussed these concerns with residents at a neighborhood meeting, and also followed up and met with residents on-site and at City Hall to discuss the issues and how they would be addressed.

1)              Traffic Impacts

Many residents stated they were concerned with a potential increase in traffic and accidents associated with the proposed development. They were also concerned with the large trucks illegally using Pipeline Avenue, and with the proposed new driveway locations and future turning movements that may impact the ability for existing residents across Pipeline Avenue to maneuver in and out of their properties safely. Staff explained to the residents that a traffic analysis was prepared by Kunzman Associates on May 10, 2017, and approved by the City’s Traffic Division on September 5, 2017. The study concluded that the existing roadway capacity would accommodate the traffic generated by the proposed project and there would be no significant impacts as a result of the project., which will include roadway widening and improvements at the intersection of Pipeline and Chino Avenues.

Residents were concerned with the proposed striping for Pipeline Avenue, which would include a shared left-turn lane, and potentially eliminate on-street parking for that segment of Pipeline Avenue. The study determined that the proposed striping implemented on Pipeline Avenue would help accommodate residents maneuvering safely in and out of their driveways across from the project site on the east side of the roadway. It should be noted, however, that the ultimate striping design will be determined with the approval of San Bernardino County as well as the City. The project would also be designed with restricted access on Chino Avenue that limits right-in/right-out turning movements in and out of the center only for safety purposes.  Staff further explained to the residents the current truck traffic along Pipeline Avenue is an existing condition, and because the roadway is located in the County north of the project site, the City has no enforcement authority.  However, when the MLC annexation is finalized, the City will have enforcement authority on the east side of Pipeline Avenue.

The proposed amount of parking was also a concern, as some residents felt that it would not be enough to accommodate the number of businesses proposed. The design meets the City’s parking requirements for neighborhood commercial shopping centers.


2)              Drainage Impacts

A few residents were concerned with the existing street drainage mainly on the west side of Pipeline Avenue, north of the project site.  In particular, the adjacent resident to the north of the site expressed concern over their driveway continuously (where it meets the street) flooding when it rains. Moreover, it was noted that drainage issues have been exacerbated since San Bernardino County’s completion of street improvements along Pipeline Avenue. The resident also expressed concerns that the proposed block wall between the project and property sites will negatively affect the current drainage pattern existing on their property. In response, staff reassured the resident that the project will not cause an increase in flooding, but in fact, may alleviate the issue. In confirming this statement, staff explained that the essential project improvements would ultimately cause the commercial center to accept drainage from the property. Thus, the completion of this project may conclusively mitigate the resident’s present concerns. The final details will be analyzed further and addressed as part of the block wall and street improvement plan check process.


3)              Land Use Compatibility

Many residents were concerned with the compatibility of the project and their residential neighborhood. The residents believed the project posed impacts in the form of unnecessary lighting, noise, vehicle fumes, and obnoxious restaurant odor.  To help mitigate potential lighting and noise impacts, staff is requiring the applicant to construct an 8-foot high block wall along the north and west property boundaries that abut the existing residential properties.  In addition, to minimize lighting impacts, a lighting study will be submitted as part of the building plan check process where staff will ensure that the project meets all lighting requirements as outlined in the City’s Zoning Code. Typically, shields on lights that share a property line with residential properties are utilized to help reduce impacts. Additionally, staff has conditioned the applicant to introduce low bollard lighting where possible on the west side of the project site rather than traditional wall-mounted building light fixtures to help reduce lighting spill over and glare impacts.  A 25-foot wide landscape setback area is also being provided between the property line and building along the west side of the property, and a dense 6-foot wide landscape buffer is being provided along the north property boundary to help reduce light and noise impacts to adjacent residential properties.

In terms of vehicle fumes as a result of the proposed drive thru, there is no current evidence that the fumes from the project site will increase the impacts presently occurring at the Pipeline Avenue/Chino Avenue intersection. In addition, the project will go through the plan check and inspection process to ensure that all the latest City and State regulations are being met. Further, staff has conditioned the project to meet all City operational standards and applicable requirements of other agencies, including but not limited to, AQMD and the San Bernardino County Health Department.



The applicant is requesting the City Council overturn the Planning Commission’s denial of the commercial project for the reasons outlined in their attached appeal. The applicant points out that two of the three Commissioners whom voted against the project stated the proposed commercial center was a good project but proposed in the wrong location. The applicant contends that they are developing the site in conformance with the standards and intent of the Neighborhood Commercial zone, which was set in place in 2010. Further, they assert that they have worked diligently over the past couple of years to accommodate staffs’ comments to develop a high-quality project consistent with the City’s General Plan and Municipal Code standards (including environmental, parking, setbacks, and design requirements). In addition, the applicant believes that all the major concerns identified by the residents have been fully addressed.  Based on these factors, the applicant disagrees with the Planning Commission and is requesting that the City Council overturn the Planning Commission’s denial of the project.

In addition to the attachments listed above, the following documents are provided for reference: a copy of the October 16, 2017 Planning Commission Meeting minutes (Attachment C); and a copy of letters received prior to the October 16, 2017 Planning Commission Meeting.



Attachment A - Appeal Application from the applicant

Attachment B - Planning Commission Staff Report dated October 16, 2017

Attachment C - Planning Commission Minutes dated October 16, 2017

Attachment D - Proposed Development Plans

Attachment E - Letters Received by Planning Commission

Resolution No. 2017-057

Opposition Letters Received


documentStaff Report Printout
a. Attachments A, B, C, E
b. Attach D. PDFS of exhibits
c. Chino Pipeline Reso 2017-057
d. Opposition Letters_Redacted
e. DOC111617-11162017143603_Redacted
f. Opposition Letter_Belen Jeske
g. Opposition Letter_Antoinette McCue
h. Petition in Opposition to Chino and Pipeline Avenues Development
Direct staff to bring back to the City Council a resolution of denial and waive CMC 20.23.030 D Approved [Unanimous]
12. Reauthorization of Ordinance No. 2016-018, the public, educational, or governmental (PEG) access channel fee. Approved [Unanimous]


On September 29, 2006 the State of California passed Assembly Bill AB 2987, known as the Digital Infrastructure and Video Competition Act of 2006.  AB 2987, effective January 1, 2007, established a new framework for the regulation of cable television.  DIVCA allows cable operators seeking a local franchise to make their application directly to the state and forego negotiations with individual cities.


Beginning on January 2, 2008, cities were prohibited from issuing new local franchise agreements with cable providers.


Most recently, in 2016, as a result of major changes to the TV, Internet and Voice providers in Chino, the City approved Ordinance No. 2016-018, which amended chapter 5.44 of the Chino Municipal Code entitled “Cable Television Franchise.” Ultimately, this ordinance set parameters within the statutes of AB 2987 so the city may collect a 5% franchise fee and 1% PEG fee from holders of state video franchises.



The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) as codified in California Public Utilities Code Section 5800, et.seq., preempted a California local entity’s rights to franchise its cable and video TV operators by transferring cable franchising authority to the California Public Utilities Commission (CPUC). However, DIVCA does allow local governments to establish and collect Public, Educational, and Governmental Access (PEG) fees from the City’s cable and video TV operators. The state law permits the City to establish, by ordinance, a PEG fee equal to 1% of gross revenues within the City. In 2016, the City adopted Ordinance No. 2016-018, the “DIVCA Ordinance,” to establish such a fee.  By adoption of Ordinance No. 2016-018, the City, among other things, authorized the collection of a 5% franchise fee and 1% PEG fee from holders of state video franchises.


The existing state-issued franchises to the City’s cable/video TV providers will expire in early 2018 for Spectrum (formerly Charter/Time Warner Cable).  These state video franchises can, and are, being renewed by the state under a highly streamlined procedure adopted by the CPUC.


This is significant because the section of DIVCA that authorized the City to create the PEG fee ordinance also states that “the ordinance shall expire, and may be reauthorized, upon the expiration of the state franchise.”  At this time, the law is unclear as to whether the “expiration clause” applies to the City’s ordinance.  A reasonable argument can be made that the clause does not apply for reasons outside the scope of this report. Nevertheless, out of an abundance of caution, because funding could be lost unless the 1% fee is reauthorized, staff recommends immediate approval by the City of the attached reauthorization ordinances. 


Failure to take such action by the City Council may result in the loss of cable/video TV PEG revenue upon which the City's Governmental Access Channel is dependent.


Parallel to the adoption of a “regular” ordinance reauthorizing the City’s PEG fees, adoption of an Urgency Ordinance is recommended for the immediate preservation of the public peace, health, or safety, as those terms are defined in Government Code Section 36937(b). The City only recently received notice of the expiration of the state-issued franchise held by the City’s cable provider, and hence the need for reauthorization of Ordinance No. 2016-18, such that it is essential that the City adopt the recommended Ordinance re-authorization before December 31, 2017Otherwise, Ordinance No. 2016-018 with its provisions providing for public education and governmental outreach (including PEG emergency and public safety broadcasts) will not be in effect.  Accordingly, the Urgency Ordinance would take effect immediately upon adoption and requires approval by a four-fifths vote of the City Council.

documentStaff Report Printout
a. PEG Fee Reauthorization-Chino_ORD
b. Reg. PEG Ordinance
Mayor Ulloa
Mayor Pro Tem Haughey
Council Member Elrod
Council Member George
13. Approve a community support contribution in the amount of $500 to the Kiwanis Club for the Corn Feed Run. Approved [Unanimous]
documentStaff Report Printout
Council Member Rodriguez
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report