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11-13-2018 CC Minutes 2018-193 MINUTES CITY COUNCIL CITY OF CHINO HILLS NOVEMBER 13, 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-W M-G DS 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 2018-194 REGULAR MEETING NOVEMBER 13, 2018 REAL PROPERTY NEGOTIATIONS Conference with Real Property Negotiator, pursuant to Government Code § 54956.8 for price and terms for property located at 1084 Carbon Canyon Road; Konradt Bartlam, City's Negotiator EXISTING LITIGATION Conference with City's Labor Negotiator pursuant to Government Codes 54956.9(d)(1), 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 ANITICPATED LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(2) - Anticipated Litigation (2 cases) CLOSED SESSION RECESS Mayor Rogers recessed the Closed Session at 6:48 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 Vietnam Veteran and Council Member Art Bennett INVOCATION Led by Council Member Art Bennett ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no reportable action taken in Closed Session. CHINO HILLS CITY COUNCIL 2018-195 REGULAR MEETING NOVEMBER 13, 2018 PRESENTATIONS PROCLAMATION - NATIONAL FAMILY WEEK NOVEMBER 18-24, 2018 Mayor Rogers presented a Proclamation proclaiming November 18-24, 2018 as National Family Week to former Healthy Hills Committee Members Laura Montague and Angela Romero. RECOGNITION - FAMILY POSTER AND ESSAY WRITING CONTEST WINNERS Mayor Rogers introduced the following Celebrate the Family Poster and Essay Writing Contest Judges and thanked them for their contribution: Glen Anderson Lydia Schimidt Bob Gannon Valerie McClung Denise Cattern Brandon Fonacier Mayor Rogers recognized the winners of the Celebrate the Family Poster and Essay Writing Contest for Highest School Participation and the Teacher Award as follows: Loving Savior of the Hills Lutheran Church - Valorie Wend, Principal Total Highest Participation award with 265 entries out of 850 total entries and highest participation in: Kindergarten: 43 entries Grades 1 - 2: 60 entries Grades 7 - 8: 47 entries Rolling Ridge Elementary School - Paula Thomas, Principal Highest Participation in: Grades 3 - 4: 67 entries Grades 5 - 6: 125 entries Wickman Elementary School - Mrs. Bertello, 6th Grade Teacher Teacher Award - 100% Participation Mayor Rogers presented Certificates of Recognition to the winners of the Celebrate the Family Poster and Essay Writing Contest. Kindergarten 3rd Place Sidanth Magesh Country Springs Elementary School 2nd Place Harmony Hou Flores Oak Ridge Elementary School 1st Place Derrick Jin Good Earth Montessori Grades 1 - 2 3rd Place Cayden Lee Rolling Ridge Elementary School 2nd Place Henry Fang Wickman Elementary School 1st Place Vivaan Desai Wickman Elementary School CHINO HILLS CITY COUNCIL 2018-196 REGULAR MEETING NOVEMBER 13, 2018 Grades 3 - 4 3rd Place Kaelyn Naing Country Springs Elementary School 2nd Place Iris Chien Hidden Trails Elementary School 1st Place Selina Gu Litel Elementary School Grades 5 - 6 3rd Place Megan Cheng Wickman Elementary 2nd Place Catherine Gruen Sage Oak Charter School 1st Place Mihir Mandapaka Wickman Elementary Grades 7 - 8 3rd Place Andrew Keuilian Loving Savior of the Hills 2nd Place Amber Liu Foothill Country Day School 1st Place Lucas Urrea Loving Savior of the Hills PUBLIC COMMENTS Joanne Genis, resident, congratulated Ray Marquez, Peter Rogers, and Brian Johsz on their election and spoke on water billing and rate increases. Jim Milano, resident, spoke on water billing and rate increases. Ronnie Guyer, resident, spoke about attending Council meetings throughout Orange County, thanked City Staff for the well-attended Veteran's Day ceremony and breakfast and announced that he will be on a show called "Vietnam Speaks" on PBS, Channel 24. Al Matta, resident, congratulated winners of the Celebrate the Family Poster and Essay Writing Contest and the Elections and discussed the negativity seen on Social Media regarding the City Council. CITY DEPARTMENT BUSINESS CONSENT CALENDAR Item Nos. 12, regarding the monthly Financial Report for September 2018; 17, regarding the Tobacco Law Enforcement Grant; and 19, regarding an agreement with Architerra Design Group, Inc., were pulled from the Consent Calendar for discussion and separate votes. Motion was made by Council Member Bennett and seconded by Council Member Johsz to approve the following Consent Calendar items: MINUTES The City Council approved the October 23, 2018 City Council Meeting Minutes, as presented. CHINO HILLS CITY COUNCIL 2018-197 REGULAR MEETING NOVEMBER 13, 2018 WARRANT REGISTERS The City Council approved Warrant Registers and Wires for the period of October 11 through 31, 2018 in an amount of$4,385,440.59, 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 September 26 through October 23, 2018, as presented. INVESTMENT REPORT The City Council received and filed the month Investment Report for month ended September 30, 2018, as presented. AGREEMENT AMENDMENT - CELL FACILITY AT 2072 MIRAMONTE COURT The City Council authorized the execution of Amendment Nos. 2 and 3 to Agreement A98-58 with Sprint PCS Assets LLC, to amend attachment "D" relating to telecommunications equipment, and Section 20(g) and (h) relating to cost reimbursements and noticing addresses for the existing cell facility at 2072 Miramonte Court. UTILITY BILLING AND RETROACTIVE ADJUSTMENTS - ORDINANCE ADOPTED The City Council adopted Ordinance No. 332 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 second reading by title only. TIME LIMITS FOR RESIDENTIAL DESIGN REVIEW APPROVALS - ORDINANCE ADOPTED The City Council adopted Ordinance No. 333 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 second reading by title only. FORECLOSURE ACTIONS - RESOLUTION ADOPTED The City Council adopted Resolution No. 2018R-067 of the City Council of the City of Chino Hills, California, Ordering the Filing of Foreclosure Actions on Delinquent Assessment District Assessments and Delinquent Community Facilities District Special Taxes Pursuant to Bond Covenants. NOTICE OF COMPLETION - VILLAGE OAKS SADDLE REPLACEMENT - PHASE 1 The City Council (1) accepted Village Oaks Saddle Replacement - Phase 1 Project by PALP, Inc., dba Excel Paving Company as complete; (2) authorized the City Clerk to cause the Notice of Completion to be recorded; (3) authorized the release of retention monies in the amount of $41,077.56, forty-five days after acceptance of the work by the City Council; (4)authorized the release of any remaining encumbrance after final payment CHINO HILLS CITY COUNCIL 2018-198 REGULAR MEETING NOVEMBER 13, 2018 of retention; (5) reduced the amount of the Performance Bond down to 15 percent for warranty purposes for period of one year; and (6) authorized the release of the Labor and Materials Bond six months after project acceptance. AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE DISCUSSION CALENDAR FINANCIAL REPORT Council Member Marquez pulled this item for discussion and separate vote. He pointed out the error under citywide administrative charges under various funds that is detailed in Exhibit 1 to the written staff report. He inquired if the error will occur again. Finance Director Buhagiar responded the error was due to the cost allocation plan and that the error will not happen again. Council Member Marquez thanked Finance Director Buhagiar for finding the error and bringing it forward. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Bennett to (1) receive and file the monthly Financial Report for September 2018 and (2) adopt Resolution No. 2018R-068 of the City Council of the City of Chino Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 Increasing the Budget by $811,264 for Adjustments Based on the First Quarter Budget Review. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO LAW ENFORCEMENT GRANT - RESOLUTON ADOPTED Vice Mayor Moran pulled this item for discussion and separate vote. Vice Mayor Moran thanked the City for obtaining the grant and inquired who the staff lead is for the program. City Manager Bartlam responded Assistant City Manager Montgomery in conjunction with Captain Walker and Sergeant Freya. Vice Mayor Moran requested that Council Members be kept in the loop as discussions or updates that occur for usage of the grant funds. CHINO HILLS CITY COUNCIL 2018-199 REGULAR MEETING NOVEMBER 13, 2018 Following discussion, a motion was made by Vice Mayor Moran and seconded by Council Member Marquez to (1) accept the California Department of Justice Tobacco Law Enforcement Grant in the amount of $95,818; (2) adopt Resolution No. 2018R-069 of the City Council of the City of Chino Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 Increasing Miscellaneous Grants Fund by$67,099 for the California Department of Justice Tobacco Law Enforcement Grant; (3) authorize the City Manager to execute Agreement No. A2018-258 with the California Department of Justice for the Tobacco Law Enforcement Grant; and (4) certify that the project is consistent with the general plan and determine that this project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Cal. Code Regs §§ 15061 (b)(3). Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AGREEMENT - CONCEPTUAL AND DESIGN PLANS FOR TORREY PINES PARK MODIFICATION PROJECT Vice Mayor Moran pulled this item for discussion and separate vote. Vice Mayor Moran asked if the Parks and Recreation Commission considered a Pickle Ball court amenity as an option instead of one tennis court. Community Services Director Marshall responded they had concerns with one tennis court, amount of parking and the impact on facility. A tennis court was decided since they are lacking on Southside of town. He added that a workshop was held to go over residents requests. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to authorize the execution of Agreement No. A2018-259 with Architerra Design Group, Inc., not-to-exceed $52,971 through November 13, 2020 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. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHINO HILLS CITY COUNCIL 2018-200 REGULAR MEETING NOVEMBER 13, 2018 DISCUSSION CALENDAR Southern California Edison Public Safety Power Shutoff Presentation - This item was not presented. PUBLIC HEARINGS DEVELOPMENT IMPACT FEE PROGRAM EVALUATION - ORDINANCE INTRODUCTION Public Works Director Majaj briefed the Council on requirement for new developments to pay certain Development Impact fees to fund facilities needed as a result of the development. The Chino Hills Municipal Code requires a review after three years and the State requires a review every five years, the written Staff Report satisfies both requirements. David Taussig, President of David Taussig & Associates, provided a PowerPoint Presentation, 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. Hearing none, Mayor Rogers closed the public hearing. Council Member Johsz inquired about the budget shortfall and asked if there a way to rectify it. City Manager Bartlam responded that it becomes part of the existing developer/residence portion of the total cost. Discussion ensued on build out, affordable housing, number of units allowed within the City and general facilities fees. 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 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 and waived further reading. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHINO HILLS CITY COUNCIL 2018-201 REGULAR MEETING NOVEMBER 13, 2018 PUBLIC INFORMATION OFFICER REPORT Public Information Officer Cattern announced the following events: • Active Shooter Training exercise Monday, November 19th from 8:00 a.m. to 9:00 p.m. at the Community Center. The Chino Hills Police Department, Chino Valley Fire District and Staff will participate. • Tree Lighting Ceremony, Saturday, December 1st from 5:00 p.m. to 8:00 p.m. at the Government Center. Bring a $10 unwrapped toy for the Chino Hills Police Department toy drive to take a photo with Santa. All toys will go to Chino Hills families in need. Tree lighting Ceremony starts at 6:15 p.m. followed by Santa's arrival and visits from 6:30 p.m. - 8:00 p.m. • Holiday Home Decorating Contest deadline to enter Friday, December 7th. Winners will be recognized at the January 8th City Council Meeting. Categories are: Best Holiday Spirit, Classic Holiday and Best in Show. Register in person or online at www.chinohills.orq/HolidavHomeDecoratinq • Blood Drive Tuesday, December 18th from 12:00 p.m. to 6:00 p.m. at the Government Center. Visit www.Istream.orq to reserve a time. • Boat Parade, Friday, December 21st. Kiwanis Club of Chino Hills is taking applications for parade entries at www.chinohills.orq/BoatParade • City Hall Closure for the Thanksgiving holiday, Thursday, November 22nd through Friday, November 23rd. SAFETY UPDATE - Police and Fire Police: Police Chief Walker announced that there would be extra Staff working for both tree lighting ceremonies at the Shoppes and City Hall. Fire: Fire Chief Shackelford encouraged attendance for residents at the Board of Directors meeting Wednesday at 6:00 p.m., and reminded residents to listen to directions from the Fire Department if ever told to evacuate their home. COUNCIL REPORTS WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Vice Mayor Moran attended the West Valley Mosquito and Vector Control District meeting and said the District is celebrating their 35th Anniversary with a holiday luncheon. CHINO BASIN DESALTER AUTHORITY Council Member Bennett attended the Chino Basin Desalter Authority meeting and reported that the Closed Session item for Public Employee Appointment was due to the General Manager vacancy. He added that Tom O'Neal from the City of Ontario offered to serve as Interim Coordinator at no cost, the item was approved in Closed Session. CHINO VALLEY INDEPENDENT FIRE DISTRICT Council Member Johsz attended the Chino Valley Independent Fire District Board's State of the District and encouraged residents to watch their video to see their day-to-day operations. CHINO HILLS CITY COUNCIL 2018-202 REGULAR MEETING NOVEMBER 13, 2018 SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY Council Member Marquez attended the San Bernardino County Transportation Authority Board meeting and discussed Proposition 6 defeat at the Election and the planning stages for moving projects forward. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS Council Member Marquez attended the Southern California Association of Governments Transporation and Regional Council meetings and stated that they are still negotiating for a new CEO for SCAG. COUNCIL COMMENTS Johsz: Council Member Johsz thanked Staff for City's Veteran's Day event. Bennett: Council Member Bennett thanked: Oakridge Elementary for their Veteran's Day event, staff for City's Veteran's Day event, and Oakmount event. He reminded residents that kids are out of school due to Holiday closures and requested they keep an eye out for them on the streets and wished everyone a Happy Thanksgiving. Marquez: Council Member Marquez attended a Metrolink meeting and announced that a new director will be announced in the next couple of weeks. He discussed the Tier 4 locomotives and attended the RHNA subcommittee meeting. He thanked BAPS for their event for Diwali, spoke about the new "Squeeze In" restaurant, and thanked the Police and Fire Departments for the services they are providing with the recent fires. Moran: Vice Mayor Moran inquired if the City cameras have been installed in the City parking structure. She mentioned a dirt lot near Los Serranos Blvd where cars park frequently and recommended that "No Parking" signs be installed. She thanked the Police Department for her recent ride along with Deputy Hernandez and asked Community Services Director Marshall about baby changing stations at all park locations. Rogers: Mayor Rogers thanked staff for the City's Veteran's Day event, announced upcoming Foundation events such as the Holiday Home Tour to be held on Sunday, December 2nd and chART's play "It's a Wonderful Christmas Carol" to be held on Sunday, December 9th. He mentioned a future item to be heard by the Public Works Commission regarding the Carbon Canyon traffic study. He thanked City staff for the third Pop-Up City Hall at Albertsons and congratulated Brian Johsz and Ray Marquez on being elected to the City Council. He acknowledged Suzette Dang representing Supervisor Curt Hagman's office and Chino Valley Independent Fire District members Sara Evinger and congratulated newly re-elected Mike Kreeger, in the audience. 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. CHINO HILLS CITY COUNCIL 2018-203 REGULAR MEETING NOVEMBER 13, 2018 ADJOURNMENT Mayor Rogers adjourned at 8:45 p.m. Respectfully submitted CHERYL B Z, CITY CL RK APPROVED: November 27, 2018