Loading...
12-11-2018 CC Minutes 2018-214 MINUTES CITY COUNCIL CITY OF CHINO HILLS DECEMBER 11, 2018 REGULAR MEETING Mayor Moran called the Closed Session to order at 6:00 p.m. and requested the City Clerk to call roll. PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN ART BENNETT BRIAN JOHSZ RAY MARQUEZ PETER ROGERS 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 Moran 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. aI, Superior Court of California, Sacramento Case No. 34- 2017-80002719-C U-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 2018-215 REGULAR MEETING DECEMBER 11, 2018 REAL PROPERTY NEGOTIATIONS Conference with Real Property Negotiator, pursuant to Government Code § 54956.8 for price and terms for property located at APN: 1024-022-15, 3233 English Road; Konradt Bartlam, City's Negotiator and Dunlap Family Trust, Negotiator REAL PROPERTY NEGOTIATIONS Conference with Real Property Negotiator, pursuant to Government Code § 54956.8 for price and terms for property located at APN: 1017-241-28 and 1030-341-68; City Manager and Chino Valley Independent Fire District, Negotiators CLOSED SESSION RECESS Mayor Moran recessed the Closed Session at 6:54 p.m. CONVENE REGULAR MEETING AND ROLL CALL Mayor Moran called the regular meeting order at 7:00 p.m. PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN ART BENNETT BRIAN JOHSZ RAY MARQUEZ PETER ROGERS ALSO PRESENT: KONRADT BARTLAM, CITY MANAGER r , MARK D. HENSLEY, CITY ATTORNEY CHERYL BALZ, CITY CLERK CHRISTA BUHAGIAR, FINANCE DIRECTOR DENISE CATTERN, PUBLIC INFORMATION OFFICER MIKE FAHERTY, DEPUTY FIRE CHIEF, CHINO VALLEY FIRE DEPARTMENT 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 JOHN WALKER, POLICE CHIEF, CHINO HILLS POLICE PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Moran INVOCATION Led by Chaplain Ruben Estrada, Chino Valley Independent Fire District ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no reportable action taken in Closed Session. CHINO HILLS CITY COUNCIL 2018-216 REGULAR MEETING DECEMBER 11, 2018 PRESENTATIONS CHINO VALLEY COMMUNITY CHORUS City Clerk Balz introduced the Chino Valley Community Chorus who performed a medley of holiday songs. TOWNSEND JUNIOR HIGH SCHOOL - CHOIR CHIME ENSEMBLE City Clerk Balz introduced the Townsend Junior High School Choir Chime Ensemble who performed Holiday music. CITY TILE - RICHARD GUTIERREZ Mayor Moran presented a City Tile to Richard Gutierrez for his years of service as a Maintenance Worker II from November 20, 2000 to January 3, 2019. She thanked Richard for his years of service and wished him well. GENERAL MUNICIPAL ELECTION Motion was made by Council Member Johsz and seconded by Council Member Marquez to adopt Resolution No. 2018R-072, of the City Council of the City of Chino Hills, Reciting the Fact of the General Municipal Election Held on November 6, 2018, Declaring the Result and Such Other Matters as Provided by Law. Motion carried as follows: V 1 AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE OATH OF OFFICE City Clerk Balz administered the Oath of Office to Council Members Johsz (District 4), Marquez (District 1) and Rogers (District 2) prior to the City Council Meeting and Supervisor Hagman administered the Oath of Office to Council Members Rogers and Johsz during the meeting, all for terms ending November 30, 2022. OUTGOING MAYOR - ROGERS Mayor Moran presented a clock to outgoing Mayor Rogers for his dedicated service as Mayor from December 1, 2017, through November 30, 2018. A certificate of recognition was presented by Supervisor Hagman. A bouquet of flowers was presented to Merry Rogers in appreciation of her support of Council Member Roger's service as Mayor. RECESS TO HOLIDAY RECEPTION Mayor Moran recessed the meeting at 7:42 p.m. to the Holiday Reception. RECONVENE MEETING Mayor Moran reconvened the meeting at 8:00 p.m. CHINO HILLS CITY COUNCIL 2018-217 REGULAR MEETING DECEMBER 11, 2018 PUBLIC INFORMATION OFFICER REPORT Public Information Officer Cattern announced the following events: • Blood Drive on Tuesday, December 18th from 12:00 p.m. to 6:00 p.m. at City Hall. Visit www.lstream.orq to reserve a time. • Kiwanis Club of Chino Hills Boat Parade on Friday, December 21st at 7:00 p.m. The Grand Marshal will be Leslie Lopez of ABC7. A map is on the city website www.chinohills.ora/BoatParade. Check the website for additional information on street closures, the parade route and parking tips. • City Facilities will be closed Monday, December 24, 2018, through Tuesday, January 1, 2019, although the Community and McCoy Centers will be open from December 26-30, 2018, except McCoy will be closed December 30th. Trash service is delayed one day after Christmas, and one day after New Year's Day. No Street Sweeping tickets will be issued from December 20, 2018 through January 1, 2019; although other types of parking tickets may be issued. • Tree recycling - Recycle Christmas trees, either chop it up and place it inside the "yard waste" container or put it on the curb on your regular trash collection day through January 5. Trees larger than 6' tall need to be chopped in half for pick-up. Flocked trees cannot be recycled. PUBLIC COMMENTS r Lea Petersen, Public Affairs Manager at Southern California Gas Company, spoke on a balanced energy approach, climate action and green house regulations required by 2030. Jim Gallagher, resident, wished everyone a Happy Holidays, congratulated newly elected officials, spoke on the City of Commerce's bid for the Tres Hermanos property, and requested more transparency and keeping open space. Joe Viola, resident, spoke on ongoing concerns of young adult's gathering at the turnaround at Woodglen Road. Ronnie Guyer, resident, wished everyone a Merry Christmas and Happy New Year and spoke about the available parking lot at the Chino Valley Community Church for the Boat Parade on Peyton Dr., which is South of Eucalyptus. Suzette Dang, spoke on behalf of Supervisor Curt Hagman's office, invited everyone to attend the community workshop to be held on Wednesday, January 30, 2019, from 5:00 p.m. to 7:30 p.m. to discuss the Prado Master Plan and park enhancements at the Chino Hills Community Center, and wished everyone a Merry Christmas. CITY DEPARTMENT BUSINESS CONSENT CALENDAR Item Nos. 17, regarding leased office space; and 21, regarding financial advisory services, were pulled from the Consent Calendar for discussion and separate votes. CHINO HILLS CITY COUNCIL 2018-218 REGULAR MEETING DECEMBER 11, 2018 Motion was made by Council Member Johsz and seconded by Council Member Rogers to approve the following Consent Calendar items: MINUTES The City Council approved the November 27, 2018, City Council Meeting Minutes, as presented. WARRANT REGISTERS The City Council approved Warrant Registers and Wires for the period of November 15 through 28, 2018 in an amount of$2,139,570.59, as presented. FINANCIAL REPORT The City Council received and filed the monthly Financial Report for October 2018, as presented. INVESTMENT REPORT The City Council received and filed the Investment Report for month ended October 31, 2018, as presented. TIME LIMITS FOR RESIDENTIAL DESIGN REVIEW APPROVALS - ORDINANCE RE- ADOPTED The City Council re-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 third reading by title only. AGREEMENT AMENDMENT- HOTEL MARKET IMPACT STUDY-RINCON PROJECT The City Council authorized execution of Amendment No. 1 to Agreement No. A2018-009 with CBRE, Inc., to increase the not-to-exceed amount of $24,500 by$6,000 for a revised total of$30,500 to prepare a Hotel Market Impact Study for the Rincon Project. ADMINISTRATIVE POLICY- PAID SICK LEAVE The City Council approved the addition of Administrative Policy 7.9; Paid Sick Leave for At-Will Part-time, Temporary, and Seasonal Employees to the City's Administrative Policies and Procedures Manual. DEVELOPMENT IMPACT FEE REPORT- LOS SERRANOS AND PINEHURST PARKS The City Council (1) reviewed and filed the Annual Development Impact Fee Financial Report for Fiscal Year 2017-18; and (2) adopted a schedule attached as Section 4 to the Annual Development Impact Fee Financial Report, which is on file in the City Clerk's Office, confirming that the Parkland (Quimby in-lieu) Fee is committed to construction of Los Serranos and Pinehurst Parks. PLANS AND SPECIFICATIONS - TWIN KNOLLS DRIVE REHABILITATION PROJECT- RESOLUTION ADOPTED The City Council (1) adopted Resolution No. 2018R-073 of the City Council of the City of Chino Hills, California, Approving the Design and Plans for Construction of the Twin CHINO HILLS CITY COUNCIL 2018-219 REGULAR MEETING DECEMBER 11, 2018 Knolls Drive Pavement Rehabilitation Project Pursuant to Government Code Section § 830.6; (2) authorized staff to solicit bids for construction; and (3) determined the project to be exempt from review under California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA") pursuant to Section 15301 of CEQA Guidelines. BID AND CONTRACT - FAIRWAY BOULEVARD PAVEMENT REHABILITATION PROJECT The City Council (1) awarded a bid and contract A2018-273 to Copp Contracting, Inc., in the amount of $122,325.07 for the Fairway Boulevard Pavement Rehabilitation Project from Yorba Avenue to Pomona-Rincon Road; (2) authorized staff to issue a Notice of Award; (3) authorized staff to accept the performance and payment bonds, proof of insurance, and issue a Notice to Proceed upon receipt and acceptance; (4) authorized the City Manager, at his discretion, to approve cumulative change orders up to ten percent ($12,232.51) of the awarded contract amount; and (5) adopted Resolution No. 2018R-074 of the City Council of the City of Chino Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 Decreasing the Community Development Block Grant Fund Budget by $50,000 for the Fairway Boulevard Rehabilitation Project NOTICE OF COMPLETION - LOS SERRANOS INFRASTRUCTURE IMPROVEMENTS - ACTIVE TRANSPORTATION PROJECT CYCLE 1 PROJECT The City Council (1) accepted Los Serranos Infrastructure Improvements - Active Transportation Program (ATP) Cycle 1 Project By Los Angeles Engineering, Inc., 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$96,954.81,forty-five days after acceptance of the work by the City Council; (4) authorized the release of any remaining encumbrance after final payment of retention; (5) reduced the amount of the Performance Bond to 15 percent for warranty purposes for a period of one year; and (6) authorized the release of the Labor and Materials Bond seven months after project acceptance. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE DISCUSSION CALENDAR AGREEMENT AMENDMENT - OFFICE SPACE Council Member Rogers recused himself from voting on the item and left the dais at 8:17 p.m. due to a conflict of interest because he is employed by the County of San Bernardino Supervisors District. L CHINO HILLS CITY COUNCIL 2018-220 REGULAR MEETING DECEMBER 11, 2018 Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Marquez to authorize the City Manager to execute Amendment No. 2 to Lease Agreement No. A09-20 (County Contract No. 09-71) with the County of San Bernardino for office space located in the Civic Center at 14000 City Center Drive. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT DUE COUNCIL MEMBERS: ROGERS TO RECUSAL: ABSTAIN: COUNCIL MEMBERS: NONE Council Member Rogers returned to the dais at 8:18 p.m. AGREEMENT - FINANCIAL ADVISORY SERVICES - RESOLUTION ADOPTED Council Member Johsz pulled this item for discussion and separate vote. He requested more background information on the exemption for competitive bidding. City Manager Bartlam responded that Harrell & Company Advisors has been the financial advisor for bond counsel for the last 10 years and the agreement is about to expire. Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Rogers to (1) find that the exception to competitive bidding procedures under Chino Hills Municipal Code Section 3.18.050(D) applies because Harrell & Company Advisors, LLC, personnel has demonstrated competence, qualifications for the types of services to be performed, and has the experience and knowledge of the City due to a long-standing relationship; (2)authorize the execution of Agreement A2018-274 with Harrell & Company Advisors, LLC, through December 31, 2021, with two one-year renewal options for financial advisory services in an amount not-to-exceed $141,500; and (3) adopt Resolution No. 2018R-075, 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$3,300 for Dissemination Agent Services Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE CHINO HILLS CITY COUNCIL 2018-221 REGULAR MEETING DECEMBER 11, 2018 PLANNING COMMISSION MATTERS CONDITIONAL USE PERMIT NO. 17CUP16 - VERIZON WIRELESS COMMUNICATIONS FACILITY- PEYTON AND BAYBERRY Conditional Use Permit 17CUP16 - Verizon Wireless Communications Facility in Public Right-of-Way at Peyton Drive and Bayberry Drive - MD7 on behalf of Verizon; applicant. The Planning Commission adopted a resolution adopting Conditional Use Permit No. 17CUP16 for the development of a wireless communications facility within public right-of- way on a replacement streetlight standard on Peyton Drive 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. PUBLIC HEARING INFORMAL BID LIMIT INCREASE - ORDINANCE INTRODUCTION - RESOLUTION ADOPTED Public Works Director Majaj briefed the City on the staff report, which is on file in the City Clerk's Office. Mayor Moran opened the public hearing and asked if anyone wished to address the City Council on the matter. Hearing none, Mayor Moran closed the Public Hearing. r Following discussion, a motion was made by Council Member Rogers and seconded by L Vice Mayor Bennett to (1) introduce an Ordinance entitled: An Ordinance of the City Council of the City of Chino Hills, California, Amending Chapter 3.20 of the Chino Hills Municipal Code to Increase the Informal Bid Limits for Public Contracts Awarded Pursuant to Chapter 3.20 to $200,000, and Authorize the City Manager to Award Such Contracts in an Amount Not to Exceed $200,000 and Amend the Authority to Negotiate Contracts, Award Purchase Orders or Perform Work by City Employees by Force Account on Public Projects in an Amount Not to Exceed $60,000, for first reading by title only and waived further reading; and (2) adopt Resolution No. 2018R-076 of the City Council of the City of Chino Hills, California, Delegating Authority to the City Manager to Award Informal Public Contracts in an Amount of$200,000 or less and Amend the Authority to Negotiate Contracts,Award Purchase Orders or Perform Work by City Employees by Force Account on Public Projects in an Amount Not to Exceed$60,000. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT; COUNCIL MEMBERS: NONE CHINO HILLS CITY COUNCIL 2018-222 REGULAR MEETING DECEMBER 11, 2018 SAFETY UPDATE - Police and Fire Fire: Deputy Fire Chief Faherty wished everyone a Merry Christmas and Happy New i Year. COUNCIL REPORTS WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Mayor Moran attended the West Valley Mosquito and Vector Control District meeting and reported that the district received District of Distinction Award and that she attended the 35th Holiday Luncheon. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY Council Member Marquez attended the San Bernardino County Transportation Authority meeting and reported that at Central Avenue near the 60 Freeway there are some changes to the on- and off-ramp that is moving forward and at Interstate 10 there will be additional lanes between the County line and State Route 15. CHINO BASIN DESALTER AUTHORITY Council Member Rogers attended the Chino Basin Desalter Authority and reported that they are in the process of hiring a new general manager and that most of the discussion took place in closed session. COUNCIL COMMENTS Marquez: Council Member Marquez congratulated Mayor Moran, thanked the community during the election season, and expressed his commitment to the entire City. Johsz: Council Member Johsz thanked the voters, expressed his commitment to the entire City, and wished everyone a Merry Christmas. Bennett: Vice Mayor Bennett congratulated Council Members Marquez, Rogers, and Johsz on their election, expressed his commitment to the entire City, congratulated Mayor Moran on her new role as Mayor, spoke about the Chino Valley Unified School District meeting where they will swear in new board members, 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 Merry Christmas and wonderful Holiday Season. Rogers: Council Member Rogers thanked the voters, expressed his commitment to the entire City, and announced that the Chino Hills Foundation 8th Annual Home Tour raised $30,000. Moran: Mayor Moran recognized members in the audience: Planning Commissioner Sheran Voigt, Chino Valley Independent Fire District Board Members Mike Kreeger and Sarah Ramos Evinger and students from Ayala High School, thanked City Manager Bartlam for bringing forward the staff report regarding baby changing stations at local parks and requested research on the cost of installing them in both men and women restrooms at different parks, and requested an update on the lane addition to southbound Soquel Canyon. City Manager Bartlam responded that it is a Caltrans project which is CHINO HILLS CITY COUNCIL 2018-223 REGULAR MEETING DECEMBER 11, 2018 scheduled to be completed by the end of 2019. Mayor Moran spoke regarding the Caltrans off ramps and inquired if the City has rights to change a straight lane into a turn r lane. City Manager Bartlam responded that the City has no authority to Caltrans rights- of-ways but a request can be made. Mayor Moran recognized Ned Rogers in the audience from Caring for the Hills; invited members of the faith community to volunteer to provide Invocations at an upcoming City Council Meeting and thanked those that have provided Invocations in the past. ADJOURNMENT Mayor Moran adjourned the meeting at 8:33 p.m. 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. Respectfully submitted, die CHERki i LZ, itlii ERK APPROVED: January 8, 2019