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11-13-2018 CC AgendaAGENDA CHINO HILLS CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 13, 2018 6:00 P.M. CLOSED SESSION 7:00 P.M. PUBLIC MEETING/PUBLIC HEARING CIVIC CENTER, CITY COUNCIL CHAMBERS 14000 CITY CENTER DRIVE, CHINO HILLS, CALIFORNIA This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda unless the City Council makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the City subsequent to the posting of the agenda. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection in the Office of the City Clerk, in the public binder located at the entrance to the Council Chambers, and on the City's website at www.chinohills.org while the meeting is in session. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Office of the City Clerk at 14000 City Center Drive, Chino Hills, CA during normal business hours. In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office, (909) 364-2620, at least 48 hours prior to the start of the meeting to enable the City to make reasonable arrangements. Thank you. Speaker Cards - Those persons wishing to address the City Council on any matter, whether or not it appears on the agenda, are requested to complete and submit to the City Clerk a "Request to Speak" form available at the entrance to the City Council Chambers. In accordance with the Public Records Act, any information you provide on this form is available to the public. You are not required to provide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you. Comments will be limited to three minutes per speaker. PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you. CITY COUNCIL MEMBERS PETER J. ROGERS, MAYOR CYNTHIA MORAN, VICE MAYOR ART BENNETT BRIAN JOHSZ RAY MARQUEZ KONRADT BARTLAM MARK D. HENSLEY CHERYL BALZ CITY MANAGER CITY ATTORNEY CITY CLERK 1/211 6:00 P.M. - CALL TO ORDER / ROLL CALL PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items appearing on the Closed Session agenda. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Speak" form available at the entrance to the City Council Chambers. Comments will be limited to three minutes per speaker. RECESS INTO CLOSED SESSION CLOSED SESSION 2. 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 3. Conference with Legal Counsel pursuant to Government Code § 54956.8 for price and terms for property located at 1084 Carbon Canyon Road; Konradt Bartlam, City's Negotiator 4. Conference with Legal Counsel pursuant to Government Code Sections 54956.9(d)(1) - Existing Litigation - City of Chino Hills v. U.S. Bank National Association, as Trustee for the registered holders of Citigroup Commercial Mortgage Trust 2007-C6, Commercial Mortgage Pass -Through Certificates, Series 2007-C6, San Bernardino County Superior Court Case No. CIVDS 1802543 5. Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(2) Anticipated Litigation (2 cases) 7:00 P.M. - CONVENE MEETING / ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG INVOCATION: Mr. Hussain Sakr, Member of the Chino Valley Islamic Center ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION 2/211 PRESENTATIONS 6. PROCLAMATION - Proclaiming November 18 through 24, 2018, as National Family Week 7. RECOGNITION - Presentation of the Family Poster and Essay Writing Contest Winners Kindergarten Derrick Jin Montessori Harmony Hou Flores Oak Ridge Elementary School Sidanth Magezh Country Springs Elementary School Grades 1-2 Vivaan Desai Wickman Elementary School Henry Fang Wickman Elementary School Cayden Lee Rolling Ridge Elementary School Grades 3-4 Selina Gu Litel Elementary School Iris Chien Hidden Trails Elementary School Kaelyn Naing Country Springs Elementary School Grades 5-8 Lucas Urrea Loving Savior of the Hills Amber Liu Foothill Country Day School Andrew Keuilian Loving Savior of the Hills 8. PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items within the subject matter jurisdiction of the Council, whether or not the item appears on the agenda, except testimony on Public Hearing items must be provided during those hearings. Individual audience participation is limited to three minutes per speaker. Please complete and submit a speaker card to the City Clerk. CITY DEPARTMENT BUSINESS CONSENT CALENDAR (12 ITEMS) - All matters listed on the Consent Calendar are considered routine by the City Council and may be enacted by one motion in the form listed below. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, Members of the City Council or staff request the matter to be removed from the Consent Calendar for separate action. Removed consent items will be discussed immediately after the adoption of the balance of the Consent Calendar. 9. Approve October 23, 2018 City Council Meeting Minutes 10. Approve Warrant Registers for period of October 11 through 31, 2018 in amount of $4,385,440.59 11. Receive and file City Official Reports pursuant to Travel, Training and Meetings Reimbursement Policy for period of September 26 through October 23, 2018 12. Receive and file monthly Financial Report for September 2018; and adopt budget amendment resolution to increase Fiscal Year 2018-19 budget by $811,264 for adjustments based on first quarter budget review 3/211 13. Receive and file Investment Report for month ended September 30, 2018 14. Authorize execution of Amendment Nos. 2 and 3 to Agreement A98-58 with Sprint PCS Assets L.L.C. to amend attachment "D" relating to telecommunications equipment, and Section 20 (g) and (h) relating to cost reimbursements and noticing addresses of the existing cell facility at 2072 Miramonte Court 15. Adopt an Ordinance entitled: An Ordinance of the City Council of the City of Chino Hills, California, Amending the Chino Hills Municipal Code, Title 13 (Public Services), Chapter 13.05 (Utility Billing), Section 13.05.100 (Retroactive Adjustments), to Bring the Time Period for Retroactive Adjustments Into Conformity With California Code of Civil Procedure Section 338(A) - Second Reading (Introduced October 23, 2018) 16. Adopt an Ordinance entitled: An Ordinance of the City Council of the City of Chino Hills, California, Amending Title 16 of the Chino Hills Municipal Code, Chapter 16.10 Residential Districts and Chapter 16.20 Planned Development District to Establish Time Limits for the Use of Residential Design Review Approvals and Finding Proposed Municipal Code Amendment 18MCA04 Exempt From Review Under the California Environmental Quality Act - Second Reading (Introduced October 23, 2018) 17. Accept California Department of Justice Tobacco Law Enforcement Grant funds of $95,818; adopt Fiscal Year 2018-19 budget amendment resolution increasing miscellaneous grants fund by $67,099; authorize City Manager to execute Grant agreement; certify project is consistent with General Plan; and determine that project is exempt from California Environmental Quality Act 18. Adopt resolution ordering filing of foreclosure actions on delinquent district assessments and Community Facilities District special taxes pursuant to bond covenants 19. Authorize execution of two-year Agreement with Architerra Design Group, Inc., not - to -exceed $52,971 including two one-year renewal options for preparation of conceptual and design plans, special provisions and estimates, and construction support services for Torrey Pines Park Modification Project 20. Accept Village Oaks Saddle Replacement - Phase 1 Project by PALP, Inc. dba Excel Paving Company as complete; authorize City Clerk to record Notice of Completion; authorize release of retention monies in amount of $41,077.56, forty-five days after acceptance; and release any remaining encumbrance after final payment of retention DISCUSSION CALENDAR - This portion of the City Council Agenda is for all matters where staff and public participation is anticipated. Individual audience participation is limited to three minutes. Please complete and submit a speaker card to the City Clerk. 21. Southern California Edison Public Safety Power Shutoff Presentation 4/211 PUBLIC HEARING -This portion of the City Council Agenda is for all matters that legally require an opportunity for public input. Individual audience participation is encouraged and is limited to three minutes. Please complete and submit a speaker card to the City Clerk. 22. Introduce an Ordinance entitled: An Ordinance of the City Council of the City of Chino Hills, California, Amending Chino Hills Municipal Code Section 3.40.120 to Adopt a Provision to Annually Automatically Adjust the General Facilities Fee and Parks and Recreation Fee Consistent With the Price Index Factor Pursuant to and in Accordance With Government Code Section 66000 Et Seq, to Make Five -Year Findings Required by Government Code Section 66001 Regarding Unexpended Traffic, Water, Sewer, Storm Drain, Parks and Recreation, and General City Facilities Fee Funds, to Find That Each of Such Fees Complies With Chapter 3.40 and Appropriately Mitigates Impacts of New Development Projects and to Determine This Project is Exempt From Review Under the California Environmental Quality Act - For first reading by title only - Waive further reading PUBLIC INFORMATION OFFICER REPORT SAFETY UPDATES - Police and Fire COUNCIL REPORTS Omnitrans - Vice Mayor Moran West Valley Mosquito and Vector Control District - Vice Mayor Moran Chino Basin Desalter Authority - Council Member Bennett Inland Empire Utilities Agency - Council Member Bennett Chino Valley Independent Fire District - Council Member Johsz San Bernardino County Transportation Authority - Council Member Marquez Southern California Associations of Governments - Council Member Marquez COUNCIL COMMENTS ADJOURN IN MEMORIAM AND IN HOPE: Adjourn in tribute and honor of those who serve and have served in the Armed Forces at home and abroad. Their sacrifice and strength protect the goals and ideals that have made this Country great ADJOURNMENT: 5/211 4 Cite of China Hills CITY OF CHINO HILLS CITY COUNCIL DECLARATION OF POSTING NOTICE Lynnae Sisemore states and declares as follows: I hereby certify under penalty of perjury under the laws of the State of California, that I posted the Agenda of the City Council for the meeting scheduled for November 13, 2018, next to the Council Chambers, 14000 City Center Drive, Chino Hills, California, not less than 72 hours prior to the meeting. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on November 13, 2018 at Chino Hills, California. CITY OF CHINO HILLS / c J Lynnao�Sisemore Assistant City Clerk