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09-11-2018 CC Minutes 2018-154 MINUTES CITY COUNCIL CITY OF CHINO HILLS SEPTEMBER 11, 2018 REGULAR MEETING Mayor Rogers called the Closed Session to order at 5:30 p.m. and requested the City Clerk to call roll. PRESENT: COUNCIL MEMBERS: PETER ROGERS CYNTHIA MORAN ART BENNETT BRIAN JOHSZ RAY MARQUEZ ALSO PRESENT: KONRADT BARTLAM, CITY MANAGER CHERYL BALZ, CITY CLERK MARK D. HENSLEY, CITY ATTORNEY JESSICA MEJIA, DEPUTY CITY CLERK II BENJAMIN MONTGOMERY, ASSISTANT CITY MANAGER PUBLIC COMMENTS There were no public comments. RECESS TO CLOSED SESSION Mayor Rogers declared the meeting recessed at 5:30 p.m. for Closed Session. EXISTING LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) - Existing Litigation (3 cases): a) City of Chino Hills v. City of Industry; City of Industry City Council; Successor Agency to the Industry Urban-Development Agency; Board of Directors of the Successor Agency to the Industry Urban-Development Agency; Oversight Board of the Successor Agency to the Industry Urban-Development Agency, Real Party in Interest San Gabriel Valley Water and Power, LLC, et al., Los Angeles County Superior Court Case No. BS171398 b) City of Chino Hills v. Oversight Board of the Successor Agency to the Industry Urban- Development Agency, et. al, Superior Court of California, Sacramento Case No. 34-2017- 80002719-CU-WM-GDS c) City of Chino Hills v. City of Industry; Successor Agency to the Industry Urban- Development Agency; Oversight Board of the Successor Agency to the Industry Urban- Development Agency, and Does 1 through 50, inclusive, respondents, San Gabriel Valley Water and Power, LLC, a California limited liability company; and Does 51 through 100, inclusive, Real Parties in Interest, Los Angeles County Superior Court Case No. BS172995 CHINO HILLS CITY COUNCIL 2018-155 REGULAR MEETING September 11, 2018 INITIATION OF LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4), one potential case LABOR NEGOTIATIONS Conference with City's Labor Negotiator pursuant to Government Code Section 54957.6 regarding all City employees - City Manager, Negotiator PERFORMANCE EVALUATION - CITY MANAGER Public Employment Performance Evaluation pursuant to Government Code Section 54957 - City Manager CLOSED SESSION RECESS Mayor Rogers recessed the Closed Session at 6:51 p.m. CONVENE REGULAR MEETING AND ROLL CALL Mayor Rogers called the regular meeting order at 7:00 p.m. PRESENT: COUNCIL MEMBERS: PETER ROGERS CYNTHIA MORAN ART BENNETT BRIAN JOHSZ RAY MARQUEZ ALSO PRESENT: KONRADT BARTLAM, CITY MANAGER MARK D. HENSLEY, CITY ATTORNEY CHERYL BALZ, CITY CLERK CHRISTA BUHAGIAR, FINANCE DIRECTOR DENISE CATTERN, PUBLIC INFORMATION OFFICER BRANDON FONACIER, COMMUNITY RELATIONS ANALYST I JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR NADEEM MAJAJ, PUBLIC WORKS DIRECTOR JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR JESSICA MEJIA, DEPUTY CITY CLERK II BENJAMIN MONTGOMERY, ASSISTANT CITY MANAGER TIM SHACKELFORD, FIRE CHIEF, CHINO VALLEY FIRE DEPARTMENT JOHN WALKER, POLICE CHIEF, CHINO HILLS POLICE PLEDGE OF ALLEGIANCE TO THE FLAG Led by resident Richard Wallace. INVOCATION Led by Executive Pastor Dr. Reggie Thomas, Chino Valley Community Church ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no reportable action taken in Closed Session. CHINO HILLS CITY COUNCIL 2018-156 REGULAR MEETING September 11, 2018 PRESENTATIONS PROCLAMATION - EMERGENCY PREPARDNESS MONTH Mayor Rogers presented a Proclamation proclaiming the month of September as Emergency Preparedness Month to Richard Boltinghouse, Emergency Services Analyst, Tim Shackelford, Fire Chief, and John Walker, Police Chief. Mr. Boltinghouse, accepted the Proclamation, announced an upcoming Emergency Preparedness Workshop on September 20th at the Community Center, and provided ways to be prepared for a potential disaster. PUBLIC COMMENTS Jim Gallagher, Naomi Minogue, Lisa Greathouse, residents, discussed the Chino Valley Unified School Board Meeting held on September 6th and school board liaison representation. Ronnie Guyer, resident, compared the City Council meetings in Irvine to Chino Hills meetings. Jane DeFrank, resident, thanked Public Works Director Majaj and staff for responding to an emergency call over the weekend and announced the 55+ club fundraiser to be held September 22nd to raise funds for the Veterans monument. Suzette Dang, spoke on behalf of Supervisor Curt Hagman's office and announced a Veteran Claims Event on November 8th from 10:00 a.m. to 2:00 p.m. For more information, contact Sally Gibson at 909-382-3280. CITY DEPARTMENT BUSINESS CONSENT CALENDAR Item Nos. 14, regarding the Conflict of Interest Code; 19, regarding Measure I Five-Year Capital Improvement Plan; 20, regarding new traffic signal easement; and 21, regarding Arakelian Enterprises, Inc. dba Athens Services were pulled from the Consent Calendar for discussion and separate votes. Motion was made by Council Member Johsz and seconded by Council Member Marquez to approve the following Consent Calendar items: MINUTES The City Council approved the August 14, 2018 City Council Meeting Minutes, as presented. CITY OFFICIAL REPORTS The City Council received and filed the City Official Reports pursuant to Travel, Training and Meetings Reimbursement Policy for the period of July 25 through August 28, 2018, as presented. CHINO HILLS CITY COUNCIL 2018-157 REGULAR MEETING September 11 , 2018 WARRANT REGISTERS The City Council approved Warrant Registers and Wires for the period of August 2 through 29, 2018 in an amount of $12,652,995.09, as presented. FINANCIAL REPORT The City Council received and the filed the monthly Financial Report for month ended July 31, 2018, as presented. INVESTMENT REPORT The City Council received and filed the monthly Investment Report for month ended July 31, 2018, as presented. AGREEMENT - WEB-BASED SERVICE ORDERS AND MAINTENANCE SOFTWARE The City Council authorized the execution of a one-year Agreement No. A2018-205 with iWorQ Systems, Inc. (IWordQ), expiring September 11, 2019, with four (4) one-year renewal options in an amount not-to-exceed $75,000 for web-based service orders and preventive maintenance software. WRITE-OFF - UNCOLLECTIBLE ACCOUNTS The City Council authorized the write-off of $44,008.82 in uncollectible utility accounts and general accounts receivables incurred prior to July 1 , 2017. UNCLAIMED PROPERTY HELD BY CITY The City Council authorized a notice to be published of unclaimed property held by the City of Chino Hills for three or more years in the unclaimed property account. AGREEMENT AMENDMENT - SPECIAL DISTRICT ADMINISTRATION SERVICES The City Council authorized the execution of Amendment No. 1 to Agreement No. A2016-172 with Wilidan Financial Services to clarify the total agreement amount to account for all five years by increasing the total not-to-exceed amount from $110,650 to $553,250 for Special District administration services. AGREEMENT AMENDMENT - UTILITY BILLING SERVICES The City Council authorized the execution of Amendment No. 2 to Agreement No. A2018-011 with Infosend, Inc., increasing total not-to-exceed amount of$860,000 for printing and mailing of utility billing delinquent and shut-off notices. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHINO HILLS CITY COUNCIL 2018-158 REGULAR MEETING September 11, 2018 DISCUSSION CALENDAR CONFLICT OF INTEREST CODE AMENDMENT Resident Sharon Wilkins asked for an explanation of the Conflict of Interest Code. Council Members Bennett, Marquez and Johsz explained that it is about providing transparency of information, documents, and disclosures to the residents. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to direct the City Clerk and City Attorney to prepare amendments to the Conflict of Interest Code for employees and Commission members for adoption on December 11, 2018. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN - RESOLUTION ADOPTED Council Member Marquez pulled this item for discussion and separate vote for clarification of the fiscal impact. Public Works Director Majaj provided information on the Measure I sales tax and stated that the City receives $1.5 million annually towards transportation and in order to receive it, the City is required to spend at least $140,313 annually to show our commitment. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Bennett to (1) adopt Resolution No. 2018R-045 of the City Council of the City of Chino Hills, California adopting the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2018-19 through Fiscal Year 2022-23, and (2) direct the City Clerk to forward a certified copy of the Resolution with Exhibit A and Expenditure Strategy to the San Bernardino County Transportation Authority (SBCTA). Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHINO HILLS CITY COUNCIL 2018-159 REGULAR MEETING September 11, 2018 TRAFFIC SIGNAL MAINTENANCE EASEMENT - POMONA-RINCON ROAD AND STATE STREET Council Member Marquez pulled this item for discussion and separate vote to highlight its video recording capabilities. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to (1) approve the traffic signal maintenance easement for the new traffic signal constructed at Pomona-Rincon Road and State Street; (2) direct the City Clerk to record the easement with the County Recorder; and (3) determine the project to be exempt as Class 3 from review under California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq.("CEQA") pursuant to Section 15303 of CEQA Guidelines. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AGREEMENT AMENDMENT - STREET SWEEPING SERVICES Council Member Johsz recused himself from voting on the item and left the dais at 7:36 p.m. due to a conflict of interest because he is employed by Athens Services. City Attorney Hensley stated that this is both a Political Reform Act Conflict of Interest and Government Code Section 1090 conflict and that it has been determined that Council Member Johsz has a remote interest in the agreement with Athens Services. Following discussion, a motion was made by Council Member Bennett and seconded by Council Member Marquez to authorize the execution of Amendment No. 2 to Agreement No. A2015-149 with Arakelian Enterprises, Inc., dba Athens Services, to include a 3.624 percent increase and reduced street sweeping service levels on commercial and arterial streets for total annual decrease of $13,500. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSENT BY RECUSAL: COUNCIL MEMBERS: JOHSZ Council Member Johsz returned to the dais at 7:57 p.m. CHINO HILLS CITY COUNCIL 2018-160 REGULAR MEETING September 11, 2018 ECONOMIC DEVELOPMENT ACTIVITIES PRESENTATION Erik Westedt and Blake Kaplan representing Jones Lang LaSalle Brokerage, Inc., briefed the City Council on upcoming developments in the City. The PowerPoint presentation is on file in the City Clerk's Office. PUBLIC HEARING MASTER SCHEDULE OF FEES AMENDMENT - RESOLUTION ADOPTED Finance Director Buhagiar briefed the City Council on the staff report, which is on file in the City Clerk's Office. Council Member Marquez inquired about those that have financial issues. Finance Director Buhagiar responded that payment plans are a provided option. Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter. Sharon Wilkins, Ronnie Guyer, and Rossana Mitchell-Arrieta, residents, spoke in opposition to the water-shut off fee. Jane DeFrank, resident, spoke in favor of the water-shut off fee. Council Member Marquez requested bringing this item back to a future meeting with cost comparisons from other cities. Mayor Rogers closed the public hearing. Following discussion, a motion was made by Council Member Moran and seconded by Council Member Bennett, to adopt Resolution No. 2018R-046 of the City Council of the City of Chino Hills, California, Amending the Master Schedule of Fees, Fines and Penalties Set Forth in Resolution No. 2018R-034 by Adding an After Hours Water Activation or Reactivation Fee and Determining That the Adoption of the Fee is Exempt From Review Under the California Environmental Quality Act. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ NOES: COUNCIL MEMBERS: MARQUEZ ABSENT: COUNCIL MEMBERS: NONE PUBLIC INFORMATION OFFICER REPORT Public Information Officer Cattern announced the following events: • Groundbreaking for Los Serranos Park on Monday, September 17th at 10:00 a.m. at Chaparral Elementary. • Emergency Preparedness Workshop on Thursday, September 20th at 7:00 p.m. at the Community Center located at 14250 Peyton Drive. CHINO HILLS CITY COUNCIL 2018-161 REGULAR MEETING September 11, 2018 • Celebrate the Family Poster and Essay Contest for K-8th students who live in/attend school in Chino Hills, for application and contest rules visit the City's website at www.chinohills.ora/Celebratethefamily Entries are due by October 5th. SAFETY UPDATE - Police and Fire Fire: Fire Chief Shackelford thanked the Council Members, staff and residents for attending the 9/11 ceremony at Fire Station 63, and announced that the Chino Valley Independent Fire District (CVIFD) received their Insurance Services Office (ISO) rating. He explained that Class 1 is the highest rating and Class 10 is lowest rating you can receive. Chief Shackelford was proud to announce that the CVIFD received a Class 2 rating. COUNCIL REPORTS CHINO BASIN DESALTER AUTHORITY Mayor Rogers attended the Chino Basin Desalter Authority board meeting and stated that their General Manager, Curtis Paxton will be moving on and a replacement will need to be sought out. He added that the remainder of the meeting was for Closed Session items. CHINO HILLS COMMUNITY FOUNDATION Mayor Rogers attended the Chino Hills Community Foundation board meeting and stated that they discussed Social Media; an upgrade to their website; and the Chino Hills Wine Walk. CHINO VALLEY UNIFIED SCHOOL DISTRICT Council Member Bennett attended the Chino Valley Unified School District board meeting, which showcased Ayala High School Choir, a presentation by Oakridge Elementary's All Pro Dads, and mentioned that they received a staffing and enrollment report for every school in the district, which revealed that enrollment is down. CHINO VALLEY FIRE DISTRICT Council Member Johsz attended the Chino Valley Independent Fire District (CVIFD) board meeting which recognized CVIFD Firefighter/Paramedics, Adam Barker and Matthew Roberson, for winning the 2018 CFED West Paramedic Competition and Skills contest. He added that Al McCombs was recognized for his contributions to the Fire Foundation to purchase more Automated External Defibrillators equipment throughout the community. OMNITRANS Council Member Marquez attended the Omnitrans board meeting and announced a new phone app for payments, and discussed the budget for SB 1, which is fully funded for the next Fiscal Year. SAN BERNARDINO COUNTY TRANSPORATION AUTHORITY Council Member Marquez attended the San Bernardino County Transportation Authority board meeting and stated that they discussed Measure I; the budget, and a new program with Police and Fire called Vision for Safety. CHINO HILLS CITY COUNCIL 2018-162 REGULAR MEETING September 11, 2018 COUNCIL COMMENTS Marquez: Council Member Marquez asked City Manager Bartlam about the Carbon Canyon Road Study. City Manager Bartlam responded that the first draft has been submitted to our staff for review and that we are a couple of months away from setting a meeting. Council Member Marquez asked for an update with Tres Hermanos; thanked the Chino Valley Independent Fire District for their 9/11 ceremony; spoke on attending the September 22nd 55+ club fundraiser; and noted that he attended a Priceless Pets event. Moran: Vice Mayor Moran asked what measures can be taken for illegal dumping of mattresses, etc., after hours, in commercial shopping center trash bins. Assistant City Manager Montgomery responded that Code Enforcement will work with property owners to see what measures can be taken including locking the bins or posting signage. Vice Mayor Moran stated that she is looking forward to the grounding breaking of Los Serranos Park; inquired about installation of license plate readers; and stated that positive responses have been received from residents about Police Chief Walker. Johsz: Council Member Johsz thanked Chino Valley Independent Fire District for the 9/11 ceremony; stated that he is looking forward to the ground breaking of Los Serranos Park; and inquired about additional skate park lighting. Bennett: Council Member Bennett thanked Chino Valley Independent Fire District for the 9/11 ceremony; thanked Chino Valley Unified School Board for providing a proactive suicide awareness meeting; and responded to comments received during the Public Comments portion of the meeting. Rogers: Mayor Rogers spoke on an upcoming event, Suicide Prevention Walk, to be held on September 15th at the Community Center; he added that he is looking forward to Los Serranos Groundbreaking and the Wine Walk; and thanked the Chino Valley Independent Fire District for the 9/11 ceremony. ADJOURN IN MEMORIAM Mayor Rogers adjourned the meeting in memory of Pastor Andrew Stoecklein of Inland Hills Church, who passed away at the age of 30 on August 25, 2018; John Robert Baker, WWII Army Veteran and longtime Chino Hills resident who passed away at the age of 92 on August 17, 2018; and those who lost their lives and others whose lives were significantly impacted by the tragic events on September 11, 2001. ADJOURNMENT Mayor Rogers adjourned at 9:00 p.m. Respectfully submitted, '14 CHERYLZ, CCLERK APPROVED: September 25, 2018