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12-11-2018 CC Rpt 12MINUTES CITY COUNCIL CITY OF CHINO HILLS NOVEMBER 27, 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: BENJAMIN MONTGOMERY, ASSISTANT CITY MANAGER MARK D. HENSLEY, CITY ATTORNEY CHERYL BALZ, CITY CLERK 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: 12-11-18 Item No.: 12 38/296 CLOSED SESSION RECESS Mayor Rogers recessed the Closed Session at 6:41 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: BENJAMIN MONTGOMERY, ASSISTANT CITY MANAGER MARK D. HENSLEY, CITY ATTORNEY CHERYL BALZ, CITY CLERK CHRISTA BUHAGIAR, FINANCE DIRECTOR DENISE CATTERN, PUBLIC INFORMATION OFFICER KYLE COLLINS, DEPUTY FIRE CHIEF JOE DYER, ASSISTANT CITY ENGINEER BRANDON FONACIER, COMMUNITY RELATIONS ANALYST I JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR LYNNAE SISEMORE, ASSISTANT CITY CLERK JOHN WALKER, POLICE CHIEF, CHINO HILLS POLICE PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Rogers INVOCATION Led by Mr. Hussain Sakr, Member of the Chino Valley Islamic Center ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no reportable action taken in Closed Session. PRESENTATIONS CITY COUNCIL REORGANIZATION - SELECTION OF MAYOR On motion made by Council Member Marquez and seconded by Council Member Johsz, the City Council selected Cynthia Moran as Mayor for a term of December 1, 2018 through November 30, 2019. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 39/296 CITY COUNCIL REORGANIZATION - SELECTION OF VICE MAYOR On motion made by Mayor Rogers and seconded by Council Member Johsz, the City Council selected Art Bennett as Vice Mayor for a term of December 1, 2018 through November 30, 2019. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE INTERVIEW-A-VETERAN CONTEST WINNERS Mayor Rogers, together with Chino Hills Kiwanis Club Immediate Past President Bill Taylor and current President KJurt Allen presented Certificates of Recognition from the City Council, Supervisor Hagman, and Senator Chang to the six Townsend Junior High winners of the Interview-a-Veteran Essay Contest. (*not present) 7th Grade - 1st Place Sienna Zaldivar Townsend Junior High 7th Grade - 2nd Place Aidan Garcia Townsend Junior High 7th Grade - 3rd Place Keilani Johnson Townsend Junior High 8th Grade - 1st Place Ria Parikh Townsend Junior High 8th Grade - 2nd Place Zane Poulter Townsend Junior High 8th Grade - 3rd Place *Stephanie Lalumandier Townsend Junior High RECOGNITION - PUBLIC SOUTHWEST DISTRICT ADMINISTRATOR OF THE YEAR Mayor Rogers acknowledged the certificates of recognition from the City Council and Senator Chang to Valorie Wend for being named the Administrator of the Year for the Public Southwest District of the Lutheran Church-Missouri Synod as she was not present at the meeting. PROCLAMATION - ENERGY UPGRADE CALIFORNIA PROGRAM Mayor Rogers presented a Proclamation to Public Works Facilities Maintenance Supervisor Jarrod Manuel proclaiming the City of Chino Hills as energy conscious stewards by participating in the Energy Upgrade California Program. Mr. Manuel thanked Council for the recognition and stated that the City is leading in many conservation efforts and is at the forefront of energy efficient programs. PROCLAMATION - PURPLE HEART CITY Mayor Rogers presented a Proclamation proclaiming the City of Chino Hills as a Purple Heart City to Service Officer Leonard Tavernetti, Chapter 2929, Military Order of the Purple Heart. Mr. Tavernetti thanked Council for the acknowledgment in support of becoming a Purple Heart City. CITY TILE - MONICA HEREDIA Mayor Rogers presented a City Tile to Monica Heredia for her years of service as an Administrative Assistant II from July 7, 2008 to November 30, 2018. He thanked Monica for her years of service and wished her well in her new endeavors. Mrs. Heredia thanked 40/296 Council and her fellow colleagues for the acknowledgment and said it was a pleasure to work for a great municipality and community. PUBLIC COMMENTS Jim Gallagher, resident, thanked Mayor Rogers for his year of service as Mayor, as well as congratulating newly appointed Mayor Moran and Vice Mayor Bennett. He announced several upcoming Chino Valley Chamber of Commerce events. Lee Guenveur, resident, thanked Council, first responders, Sheriff’s department and City staff for all their services and great customer service. Suzette Dang, spoke on behalf of Supervisor Curt Hagman’s office, she congratulated newly appointed Mayor Moran and Vice Mayor Bennett. She announced a Christmas Open House at the Chino Hills City Hall Lobby with Supervisor Hagman on December 6th from 5:30 p.m. to 7:30 p.m. CITY DEPARTMENT BUSINESS CONSENT CALENDAR Item Nos.12, regarding the Comprehensive Annual Financial Report; 13, regarding the Yorba Avenue and Los Serranos Country Club Drive Pavement Rehabilitation Project; and 16, regarding the Hollow Run Nature Park Tree Grant Project, 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 November 13, 2018 City Council Meeting Minutes, as presented. WARRANT REGISTERS The City Council approved Warrant Registers and Wires for the period of November 1 through 14, 2018 in an amount of $4,160,235.58, as presented. DEVELOPMENT IMPACT FEE - ORDINANCE ADOPTED The City Council adopted Ordinance No. 334 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 second reading by title only. PURCHASE ORDER - STREETLIGHT POLES The City Council (1) approved Ameron International Corporation (Ameron) as the sole source provider of streetlight poles for Fiscal Year 2018-19; and (2) authorized the 41/296 issuance of a $50,000 blanket purchase order to Ameron for the purchase of streetlight poles on an as needed basis. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE DISCUSSION CALENDAR COMPREHENSIVE ANNUAL FINANCIAL REPORT Mayor Marquez pulled this item for discussion and separate vote and asked staff if there were any new County practices that affected the Comprehensive Annual Financial Report (CAFR). Finance Director Buhagiar stated there were no issues or concerns with the current audit. She said that there was implementation of Governmental Accounting Standards Board (GASB) Statement No. 75 that adjusted some accounting and reporting for post employee benefits and pensions. Lastly, Mrs. Buhagiar stated that the General Fund Reserves are at 80 percent of the City's operating expenditures. Mayor Marquez thanked Finance staff for doing a great job with the CAFR. Following discussion, a motion was made by Council Member Marquez and seconded by Council Member Johsz to receive and file the Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2018. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE YORBA AVENUE & LOS SERRANOS COUNTRY CLUB DRIVE PAVEMENT REHABILITATION PROJECT - RESOLUTION ADOPTED Council Member Johsz pulled this item for discussion and separate vote. He stated that he was glad staff solicited bids for this project because the Los Serranos Country Club Drive needs a lot of improvement. A motion was made by Council Member Johsz and seconded by Council Member Marquez to adopt Resolution No. 2018R-070, of the City Council of the City of Chino Hills, California, Approving the Design and Plans for Construction of the Yorba Avenue 42/296 and Los Serranos Country Club Drive Pavement Rehabilitation Project Pursuant to Government Code Section § 830.6. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AGREEMENT AND CAPTIAL IMPROVEMENT PROGRAM AMENDMENTS - HOLLOW RUN NATURE PARK TREE GRANT PROJECT - RESOLUTION ADOPTED Council Member Marquez pulled this item for discussion and stated that pine trees are hazardous vegetation. He asked what type of trees would be planted in the Hollow Run Nature Park along the Chino Hills State Park. Assistant City Engineer Dyer said that West Coast Arborists will be planting native vegetation, no pine trees. A motion was made by Council Member Marquez and seconded by Council Member Johsz to (1) amend the Fiscal Year 2018-19 Capital Improvement Program (CIP) to add the Hollow Run Nature Park Tree Grant Project; (2) adopt Resolution No. 2018R-071, of the City Council of the City of Chino Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 Increasing Various Funding Sources for the Hollow Run Nature Park Tree Grant Project Budget by $289,169 ; and (3) authorize execution of Amendment No. 6 to Agreement No. A2014-049 with West Coast Arborists, Inc. (WCA) to perform tree removal services associated with the Hollow Run Nature Park Tree Grant Project in an amount not-to-exceed $166,420, for a total not-to-exceed amount of $903,020 for Fiscal Year 2018-19. Motion carried as follows: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE PRESENTATION - SOUTHERN CALIFORNIA EDISON PUBLIC SAFETY POWER SHUTOFF Government Relations Manager Jennifer Menjivar-Shaw gave a PowerPoint presentation on the Southern California Edison (SCE) Public Safety Power Shutoff (PSPS) measures and discussed preparation for wildfires, extreme weather conditions, safety tips and community resiliency. Council discussion ensued and there was Council consensus to conduct a public forum to prepare the public for natural disasters such as wildfires. Joanne Genis, resident, stated that she received a letter from SCE in July 2018 and attended their public forum in Eastvale on this topic. She said that Chino Hills is in a high 43/296 fire severity zone and that residents need to be educated on safety measures for natural disasters. PLANNING COMMISSION MATTERS City Attorney Hensley stated that Vice Mayor Moran and Council Member Johsz have potential conflicts of interest regarding the General Plan Conformity Determination Planning Commission item because one of the property's listed is within 500 feet of their residences. CUSTOM HOME DESIGN REVIEW NO. 459 - 2954 ENGLISH ROAD A motion was made by Council Member Marquez and seconded by Council Member Johsz to discuss the Custom Home Design Review No. 459 - 2954 English Road. Council Member Marquez stated that the property on English Road is quite large and asked staff if an area of the property could be repurposed as an office instead of completely demolishing the existing building. Community Development Director Lombardo said the Conditions of Approval state that the existing home will be demolished within 90 days of the Certificate of Occupancy of the new home. So, according to this approval, no, if the homeowners want to make any modifications they will have to come back to the City to modify the existing conditions. The Planning Commission adopted a resolution adopting Custom Home Design Review No. 459, 2954 English Road; Property Owners, Ian and Tina Bevan, for the construction of a 3,389-square foot, single-story, single-family detached home with a 839-square foot daylight basement, and a 794-square foot three-car detached garage with a 839-square foot storage loft on the property and finding that the project is exempt from review under the California Environmental Quality Act based on findings of fact and subject to Conditions of Approval. There was no action taken on the foregoing Planning Commission item. GENERAL PLAN CONFORMITY DETERMINATION Vice Mayor Moran and Council Member Johsz left the dais at 8:20 p.m. due to a conflict of interest on the item as their properties are within 500 feet of the subject matter. Council Member Marquez asked if the residents that live near Danbury Park will need to obtain flood insurance. Community Development Director Lombardo stated that the dam raising is already occurring and that the City has been contacted by the Orange County Flood Control District(OCFCD)to acquire a flowage easement. She said that this request is the City's first step in the process, and next OCFCD will return with the terms for an acquisition of that easement. In the case of Danbury Park, the City inquired about existing facilities being flood proofed. She said this would be a positive for OCFCD to take control of flooding and operational maintenance. Council Member Marquez said that he was concerned about the levy around Danbury Park and wants the community to be protected from flooding. 44/296 The Planning Commission adopted a resolution finding that the location, purpose and extent of the proposed acquisition of flowage easements by the Orange County Flood Control District (OCFCD) on properties owned by the City of Chino Hills (Known as Assessor Parcel No's 1027-531-40, 1027-541-71, 1033-091-10, 1033-091-11, 1033-091- 28 and 1027-121-11) is in conformance with the City of Chino Hills General Plan pursuant to Government Code Section 65402(c), and finding that the project is exempt from review under the California Environmental Quality Act based on findings and subject to Conditions of Approval. There was no action taken on the foregoing Planning Commission item. Vice Mayor Moran and Council Member Johsz returned to the dais at 8:23 p.m. PUBLIC INFORMATION OFFICER REPORT Assistant City Manager Montgomery announced the following events: ∑Tree Lighting ceremony and Chino Hills Police Department Toy Drive at the Chino Hills Government Center on Saturday, December 1st from 5:00 to 8:00 p.m. Bring a $10 unwrapped toy to take a photo with Santa. ∑Holiday Home Decorating deadline for nominations is December 7th. To register, visit the Recreation Office on the first floor of City Hall or online at www.chinohills.org/HolidayHomeDecorating. ∑Blood Drive at City Hall on Tuesday, December 18th from 12:00 p.m. to 6:00 p.m. at the Government Center. To reserve a time, visit www.Istream.org. ∑Chino Hills Boat Parade will be on Friday, December 21st at 7:00 p.m. The Kiwanis Club of Chino Hills is taking applications for parade entries at www.chinohills.org/BoatParade. ∑Rialto Pipeline Shutdown will occur from December 3 through 12, 2018 and asked residents to reduce their water usage while the pipeline is under repair. SAFETY UPDATE - Police and Fire Police: Police Chief Walker stated that tomorrow is National Protection Package Day and encouraged the public to have their packages sent to secure locations such as a P.O. Box or place of business. He said that there would be more police presence around The Shoppes during the holiday season to help mitigate theft. Lastly, he mentioned another successful "Active Shooter" training that was held last week at the Community Center, and thanked City Staff and the Sheriff’s Department for their participation. Fire: Deputy Fire Chief Collins addressed a resident's concerns about wildfires near water booster pumps. He said that the Fire District works closely with the Water Facilities Authority to constantly check on the supplies and vegetation in the areas. He said that all fire stations have backup generators and encouraged residents to have Carbon Monoxide detectors in their homes. Lastly, he spoke about maintaining fireplace chimneys and water heaters during winter months. DEVELOPMENT UPDATE Community Development Director Lombardo said there was nothing new to report. Mayor Rogers inquired about The Santa Barbara retail area along Soquel Canyon Parkway and Pomona Rincon Road. She said that a Nektar Juice Bar is coming to the area and possibly a large brewery such as Oggi's Pizza & Brewing Co. or Septembers Taproom & Eatery. 45/296 COUNCIL REPORTS CHINO HILLS COMMUNITY FOUNDATION Mayor Rogers attended the Chino Hills Community Foundation (CHCF) meeting and reported that the Wine Walk proceeds of $10,000 will go into their endowment fund. The CHCF members spoke about the logistics of the upcoming Holiday Home Tour and the suspension of the Jazz and Blues Festival. WATER FACILITIES AUTHORITY Mayor Rogers attended the Water Facilities Authority meeting and spoke about the current Rialto Pipeline shutdown. He said they discussed the effects of the CalPers and unfunded liabilities,asset management development plan software, as well as emergency plans to fund repairs of a building rising from elements. CHINO VALLEY UNIFIED SCHOOL DISTRICT Council Member Bennett attended the Chino Valley Unified School District and reported that District recognized outgoing board members Pamela Feixand Sylvia Orozco for their years of service. He congratulated the two new elected board members, Joe Schaeffer and Christina Gagnier. CHINO VALLEY INDEPENDENT FIRE DISTRICT Council Member Johsz attended the Chino Valley Independent Fire District meeting and reported their reorganization President/Vice President of the Board. He thanked Mike Kreeger for his year as President and congratulated the newly appointed President John DeMonaco. Lastly, he thanked long time director Ed Gray for his years of service on the Fire District Board. COUNCIL COMMENTS Marquez: Council Member Marquez thanked City staff, Fire District and the Sheriff’s Department for participating in the second "Active Shooter" training. He asked staff to update Council on the dam project. He attended the Chino Valley Independent Fire District board meeting and thanked long time director Ed Gray for his years of service. Council Member Marquez inquired about a lakebed cleanup at English Springs Park. He said that the Prado National Park Master Plan may incorporate water sports but mentioned that there are concerns about traffic and circulation in the area. He said there will be a community meeting on the topic sometime inFebruary 2019. He suggested that Parks and Recreation Commissioners be present for that meeting. Lastly, he thanked Mayor Rogers for his year as Mayor, and congratulated Cynthia Moran for being appointed the new Mayor as well as Art Bennett for being appointed as the new Vice Mayor. Johsz: Council Member Johsz thanked Mayor Rogers for his year as Mayor. He informed the public that they could exchange old Christmas tree lights for new LED lights at the Chino Hills Christmas tree lighting on Saturday, December 1st. He mentioned that residents would need to bring a utility bill as proof of residency in order to do the exchange. Bennett: Council Member Bennett stated that at the December 11th City Council meeting there would be many holiday festivities such as the Community Choir and Townsend Junior High Chime Ensemble. He congratulated Mayor Rogers for 46/296 representing the City well this past year and congratulated Vice Mayor Moran for her upcoming role as Mayor. He wished everyone a happy and safe holiday season and to help those in need. Moran: Vice Mayor Moran congratulated Council Members Johsz, Marquez, Rogers on a successful election. She congratulated Joe Schaffer for being elected to the School District Board of Directors, and wished long time Fire District member Ed Gray well. Lastly, she announced an upcoming play hosted by the Bravo Company and the Chino Hills chARTS on December 9th at 12:00 p.m. at the Community Center. Rogers: Mayor Rogers thanked First District Director Ed Gray for many years of services and said that he is well respected and wished him the best. He announced the Chino Hills chARTS Holiday Home Tour that will take place on Sunday, December 2nd. He inquired about the possibility of increasing the Transient Occupancy Tax (TOT) within the next few years. City Attorney Hensley responded that the Council can discuss increasing the TOT between now and August of 2020. Mayor Rogers said it is worth exploring TOT rates of other local communities. He congratulated Joe Schaffer for being elected on the School District Board as well as Mike Kreeger being re-elected to the Fire District Board. He recognized Sarah Evinger, Suzette Dang, Ian Moet, and a student in the audience. Lastly, he announced that Commission applications are being sought to follow the terms of the newly elected Council Members. He said applications would be available from Monday, December 3rd until Friday, January 4, 2019. 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 8:55 p.m. Respectfully submitted, CHERYL BALZ, CITY CLERK APPROVED: 47/296