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11-13-2018 CC Rpt 09MINUTES CITY COUNCIL CITY OF CHINO HILLS OCTOBER 23, 2018 REGULAR MEETING Mayor Rogers called the Closed Session to order at 6:00 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 MARK D. HENSLEY, CITY ATTORNEY CHERYL BALZ, CITY CLERK BENJAMIN MONTGOMERY, ASSISTANT CITY MANAGER PUBLIC COMMENTS There were no public comments. RECESS TO CLOSED SESSION Mayor Rogers declared the meeting recessed at 6:00 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 Date: 11-13-18 Item No.: 09 6/211 REAL PROPERTY NEGOTIATIONS Conference with Real Property Negotiator, pursuant to Government Code § 54956.8 for price and terms for property located at APN No. 1000-011-20, commonly referred to as Tres Hermanos Ranch; Mark Hensley and Konradt Bartlam, City Negotiators, and Jay Greening, Rolling Ridge Ranch, Negotiator LABOR NEGOTIATONS Conference with City's Labor Negotiator pursuant to Government Code § 54957.6 regarding all City employees; City Manager, Negotiator CLOSED SESSION RECESS Mayor Rogers recessed the Closed Session at 6:47 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 MIKE FAHERTY, DEPUTY FIRE CHIEF BRANDON FONACIER, COMMUNITY RELATIONS ANALYST I JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR NADEEM MAJAJ, PUBLIC WORKS DIRECTOR JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR BENJAMIN MONTGOMERY, ASSISTANT CITY MANAGER LYNNAE SISEMORE, ASSISTANT CITY CLERK JOHN WALKER, POLICE CHIEF, CHINO HILLS POLICE PLEDGE OF ALLEGIANCE TO THE FLAG Led by Boy Scout Troop 220 INVOCATION Led by Pastor Michael Obadja, Abbalove Chino Hills ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no reportable action taken in Closed Session. Mayor Rogers asked staff to address the public regarding the status of the Shamrocks Bar & Grill establishment. Assistant City Manager Montgomery stated that the owner of the Shamrocks Bar & Grill, entered into a settlement agreement and will have their Alcohol Beverage Control (ABC) 7/211 License suspended effective November 8, 2018. The license will be sold and will no longer be valid at that location. He said that the outcome is what the community has been looking for. PRESENTATIONS PROCLAMATION - RED RIBBON WEEK OCTOBER 23-31, 2018 Mayor Rogers presented a Proclamation proclaiming October 23-31, 2018 as Red Ribbon Week to Captain Walker. Captain Walker thanked Council for the recognition and explained how the red ribbon campaign began in 1985 and that it continues today to spread awareness against drugs. PUBLIC COMMENTS Sam Orefice, resident, expressed his concerns about school traffic on Picasso Drive and speeding along Butterfield Ranch Road. Suzanne Howard, Northminster Presbyterian Church member, announced an upcoming panel discussion to address current homelessness at Northminster Presbyterian Church in Diamond Bar on November 3rd from 11:00 a.m. to 1:30 p.m. 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. located at the District office in Chino Hills. Council Member Marquez inquired about when the Prado Committee will commence. Ms. Dang replied that the formation of the committee is yet to be developed but is in the process. Mayor Rogers confirmed discussion would ensue regarding the Prado committee formation. Luis Esparza, resident, expressed his concerns regarding development of a hotel in near Chino Hills High, and inquired about a satellite police station in District 4. CITY DEPARTMENT BUSINESS CONSENT CALENDAR 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 October 9, 2018 City Council Meeting Minutes, as presented. WARRANT REGISTERS The City Council approved Warrant Registers and Wires for the period of September 27 through October 10, 2018 in an amount of $2,767,340.34, as presented. QUITCLAIM DEED - RINCON PROJECT The City Council (1) found that the conveyance of Parcel 9465-5 was previously considered in the approved Mitigated Negative Declaration adopted on October 18, 2016, and that the conveyance of this remnant parcel is for the common benefit for the reasons 8/211 outlined in the written staff report; and (2) approved the execution and conveyance of Quitclaim Deed No. 962 to Eaton Lane Associates, LLC, of Parcel 9465-5, an approximately 695-square foot triangular shaped property located adjacent to The Rincon commercial center. MEMORANDUMS OF UNDERSTANDING - ALL CITY EMPLOYEES - RESOLUTIONS ADOPTED The City Council adopted (1) Resolution No. 2018R-051 of the City Council of the City of Chino Hills, California, Adopting the Memorandum of Understanding Between the City of Chino Hills and the Chino Hills Employees' Association, Effective September 1, 2018; (2)Resolution No. 2018R-052 of the City Council of the City of Chino Hills, California, Adopting the Memorandum of Understanding Between the City of Chino Hills and the Chino Hills Supervisors' Association, Effective September 1, 2018; (3) Resolution No.2018R-053 of the City Council of the City of Chino Hills,California, Amending the City of Chino Hills Personnel Rules in Accordance With Chapter 2.48 of the City of Chino Hills Municipal Code and Setting Forth Changes In Salary and Benefits for Regular, Unrepresented Employees, Effective September 1, 2018; (4) Resolution No. 2018R-054 of the City Council of the City of Chino Hills, California, Authorizing Benefits for the City Council Equal to Executive Management Employees; (5) Resolution No. 2018R-055 of the City Council of the City of Chino Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 Increasing the Budget in Various Funds by $291,642 for MOU's Effective September 1, 2018; and (6) amended the Administrative Policies And Procedures Manual to include a Certification Pay Policy. ANNUAL SPECIAL TAX 2019 - COMMUNITY FACILITIES DISTRICTS NOS. 1, 2, 4, 5, 6, 8, 9 AND 10 - RESOLUTIONS ADOPTED The City Council (1) received and filed the annual reports for Community Facilities District Nos. 1, 2, 4, 5, 6, 8, 9 and 10; and (2) adopted (a)Resolution No. 2018R-056 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 1, Establishing Annual Special Tax; (b)Resolution No. 2018R-057 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 2, Establishing Annual Special Tax;(c) Resolution No. 2018R-058 of the City Council of the City of Chi no Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 4, Establishing Annual Special Tax;(d) Resolution No. 2018R-059 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 5, Establishing Annual Special Tax; (e)Resolution No. 2018R-060 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 6, Establishing Annual Special Tax;(f) Resolution No. 2018R-061 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 8, Establishing Annual Special Tax;(g) Resolution No.2018R-062 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 9, Establishing Annual Special Tax;and (h)Resolution No. 2018R-063 of the City Council 9/211 of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of Community Facilities District No. 10 (Fairfield Ranch) Establishing Annual Special Tax . Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE DISCUSSION CALENDAR CITY MANAGER EMPLOYMENT - AGREEMENT AMENDMENT - RESOLUTION ADOPTED Mayor Rogers pulled this item for discussion and separate vote. City Attorney Hensley made an announcement pursuant to State Law that the City Manager's Employment Agreement is being amended to increase his salary by four percent in 2018 and three percent in 2019 and to allow for 50 percent of sick leave to be cashed out at the time of separation. He said that the City Manager would receive the same increases as the rest of City staff. Luis Esparza, resident, expressed his concerns about the City Manager's sick leave cash out and inquired about the maximum hours the City Manager could accrue. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Bennett to (1) authorize execution of Amendment No. 3 to the City Manager's Employment Agreement No. A2014-03 in a form approved by the City Attorney, which will increase his annual base salary from $243,519 to $253,260 effective September 1, 2018, and increase his base salary to $260,858 effective September 1, 2019 and provide the City Manager the ability to cash out 50 percent of his unused sick time at the time he separates from the City; and (2) adopted Resolution No. 2018R-064 of the City Council of the City of Chino Hills, California, adopting a Budget Amendment for Fiscal Year 2018-19 Increasing the General Fund Budget by $2,004 for the City Manager Employment Agreement No. A2014-03 Amendment No. 3. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AGREEMENTS - CONTRACT INSTRUCTORS Vice Mayor Moran pulled this item for discussion and separate vote and asked for clarification on how vendors submit proposals to the City regarding instructing classes. 10/211 City Clerk Balz stated that the agreement for Jacquelyn Crawford dba Mad Science of North Orange County was not signed in time of the meeting, therefore, it would be brought back at a later date. Community Services Director Marshall stated that anyone of interest can submit a proposal to the City, however, the City does not provide competition if the City already has an instructor in place. He said that the City tries to meet the demands of the community and that anyone can submit proposals by contacting the Community Services department. Following discussion, a motion was made by Vice Mayor Moran and seconded by Council Member Johsz to authorize the City Manager to execute Agreement No. A2018-243 Joe Rosas dba Chino Hills Kenpo Karate;Agreement No. A2018-244 Vinnie Bertagna dba Los Serranos Country Club;Agreement No. A2018-245 Denean Kaplan; and Agreement No. A2018-246 William Bush dba Tennis Anyone for three-year terms to provide year-round recreation instruction within the Community Services Department. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE FAIRWAY BOULEVARD REHABILITATION PROJECT - RESOLUTIONS ADOPTED Council Member Johsz pulled this item for discussion and separate vote to highlight the progress of the project. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to (1) adopt Resolution No. 2018R-065 of the City Council of the City of Chino Hills,California,Approving the Design and Plans for the Construction of the Fairway Boulevard Pavement Rehabilitation Project Pursuant to Government Code Section 830.6; (2) adopt Resolution No. 2018R-066 of the City Council of the City of Chi no Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 Adjusting Various Funding Sources for the Fairway Drive Boulevard Rehabilitation Project and Lower Los Serranos Street Light Improvement Project Budget by $250,000; (3) authorize staff to solicit bids for construction; and (4) determine the project to be exempt from review under the California Environmental Quality Act of 1970, as amended, Public 11/211 Resources Code Section 21000 Et. Seq. ("CEQA") Pursuant to Section 15301 of CEQA Guidelines. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ORGANICS RECYCLING PROGRAM Assistant City Manager Montgomery briefed the City on the staff report, and provided a PowerPoint presentation which is on file in the City Clerk's Office. He defined organics waste, spoke about Assembly Bill 1826, and said that many businesses were not aware of the upcoming recycling requirements. He sought direction from Council on the rate structure for an organics recycling program. Council discussion ensued. Dan Capener, Republic Services, Inc., General Manager stated that most of their clients use the sector wide program for recycling of commercial food establishments. He said that Republic Services is looking for fair participation from businesses and encourages them to bag their food waste. Mr. Capener said that Republic Services would be happy to educate businesses on the program and are looking for movement from cities on a recycling program to be compliant with the law by January 2019. Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Bennett to (1) authorize the City Manager to prepare an amendment to the commercial integrated waste management agreement between the City of Chino Hills and Republic Services to include an Organics Recycling Program; and (2) implement the generator-based rate structure for the Organics Recycling Program services as outlined in the written staff report. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE PUBLIC HEARINGS PUBLIC SERVICES, UTILITY BILLING, AND RETROACTIVE ADJUSTMENTS - ORDINANCE INTRODUCTION Finance Director Buhagiar briefed the City on the staff report, which is on file in the City Clerk's Office. 12/211 Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter. Luis Esparza, resident, inquired about how water meters are read and the accuracy of the readings. Public Works Director Majaj replied that meters are read electronically and are measured by activity, so if usage seems off then the meter would be removed to be tested for inaccuracies. Mayor Rogers closed the public hearing. Following discussion, a motion was made by Vice Mayor Moran and seconded by Council Member Bennett to introduce 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)for first reading by title only and waived further reading. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE RESIDENTIAL DESIGN REVIEW APPROVAL TIME LIMITS -ORDINANCE INTRODUCTION Associate Planner Gackstetter briefed the City on the staff report, which is on file in the City Clerk's Office. Mayor Rogers opened the public hearing and asked if anyone wished to address the City Council on the matter. Luis Esparza, resident, asked for clarification on the item and whether time limitations for design reviews were clearly for aesthetics. Community Development Director Lombardo answered affirmatively, and said that the residential design review approval process is just for the exterior design and aesthetics of single-family homes. She said that the City would like to follow the State law by implementing a four year limitation. Gabriel DeLuna, resident, asked if the design review process was for custom homes versus track homes. Community Development Director Lombardo replied that the design review process is for custom homes. Mayor Rogers closed the public hearing. 13/211 Following discussion, a motion was made by Council Member Bennett and seconded by Vice Mayor Moran to introduce 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 for first reading by title only and waived further reading. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE PUBLIC INFORMATION OFFICER REPORT Public Information Officer Cattern announced the following events: ∑Pop up City Hall providing Holiday Safety Tips on October 27th at Albertsons located on Grand Avenue and Peyton Drive and will provide Holiday safety tips. ∑Trick or Treat at the Shoppes on October 31st from 3:00 to 5:00 p.m. ∑Veterans Day Ceremony on November 9th at the Chino Hills Community Center. To register, visit the City’s website at: www.chinohills.org/veterans. ∑Winter Recreation guide now available for the upcoming events and classes. SAFETY UPDATE - Police and Fire Police: Police Chief Walker announced that on Thursday, November 8th the Police Department will host a Community Safety meeting at the McCoy Equestrian Center and that daycare is provided, so those in need must register through the Healthy Hills Committee. He spoke about the Prescription Drug Take-Back Day on Saturday, October 27th from 10:00 a.m. to 2:00 p.m. at the Chino Hills Police Station 14077 Peyton Drive. In addition, he said that the Chino Hills Police Station has a permanent Prescription Drop Box during the business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Fire: Deputy Fire Chief Faherty encouraged parents to enjoy Halloween but to make sure that costume materials are flame resistant, use glow sticks for visibility, use make- up versus masks, and avoid using real candles to light up pathways. Lastly, he announced that the Fire District's Annual State of the District address would be held on Tuesday, October 30th at 4:00 p.m. at the Fire District Training Center. DEVELOPMENT UPDATE Community Development Director Lombardo stated that there was nothing new to report. Although, she encouraged the community to visit the new Farou Food Egyptian Restaurant in the Commons to view the replica Egyptian statutes. 14/211 COUNCIL COMMENTS Johsz: Council Member Johsz thanked the Community Foundation for hosting the Wine Walk event that brought forward a great crowd. He stated that he would be "Principal of the Day" at Chino Hills High School tomorrow, October 24th. Bennett: Council Member Bennett attended the "Music in Motion" tournament at Ayala High School and spoke about the wonderful band and drumline performances. He stated that he would be "Principal of the Day" at Oakridge Elementary tomorrow, October 24th. He announced the upcoming General Election date. Lastly, he spoke about the Veterans event being held at Oakmont of Chino Hills - Luxury Retirement Living on November 9th. Moran: Vice Mayor Moran asked staff why the City was not informed about the State Route 71 on/off ramp closures. Public Information Officer Cattern stated that the City is working with Caltrans on information sharing regarding freeway closures that directly impact Chino Hills. Vice Mayor Moran asked staff to look into re-striping the faded bridge stripes along Pine Avenue. Marquez: Council Member Marquez attended a Mobility 21 class regarding autonomous vehicles and stated that 90 percent of accidents are human error. He announced that on December 6th the Southern California Planning Commission would host their Economic Summit to inform everyone about future housing and transportation. Lastly, he said that the City of Pomona is building a homeless shelter and offered surrounding cities to tour the facility. Rogers: Mayor Rogers encouraged everyone to vote in the General Election. He spoke about the Chino Hills Community Foundation's Wine Walk event and said they roughly acquired $70,000 in profit from the event. He said that the funds would go toward play equipment for the Los Serranos Park. ADJOURN IN MEMORIAM Mayor Rogers adjourned the meeting 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 Mayor Rogers adjourned at 8:48 p.m. Respectfully submitted, CHERYL BALZ, CITY CLERK APPROVED: 15/211