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06-25-2019 CC MinutesMINUTES CITY COUNCIL CITY OF CHINO HILLS JUNE 25, 2019 REGULAR MEETING 2019-108 Mayor Moran called the Closed Session to order at 5:30 p.m. and requested the City Clerk to call roll. PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN ART BENNETT BRIAN JOHSZ (by teleconference at 5:30 p.m.) RAY MARQUEZ PETER ROGERS ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER MARK D. HENSLEY, CITY ATTORNEY PUBLIC COMMENTS There were no public comments. City Attorney Hensley stated, regarding the Threat of Litigation item on Closed Session, it is a threat made by WGP Vellano (owner of the Vellano Golf Course) against the City. RECESS TO CLOSED SESSION Mayor Moran declared the meeting recessed at 5:30 p.m. for Closed Session. City Clerk EXISTING LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - San Gabriel Valley Water and Power, LLC v. City of Chino Hills; City of Chino Hills City Council; City of Diamond Bar; City of Diamond Bar City Council; 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; Tres Hermanos Conservation Authority; Does 1 though 100, Case No. CIVDS1904434 THREAT OF LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(2) Threat of Litigation, one case PROPERTY NEGOTIATIONS Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 for price and terms for purchase of 0.39 acre of vacant property located at the southeastern portion of the Boys Republic Property known as APN No. 1022-591-02-000; Benjamin Montgomery, City's Negotiator and Chris Burns, Boys Republic Negotiator CHERYL BALZ, CITY CLERK Balz did not attend this portion of the meeting. CHINO HILLS CITY COUNCIL REGULAR MEETING CLOSED SESSION RECESS Mayor Moran recessed the Closed Session at 6:45 p.m . CONVENE REGULAR MEETING AND ROLL CALL Mayor Moran called the regular meeting to order at 7:00 p.m. PRESENT: COUNCIL MEMBERS: CYNTHIA MORAN ART BENNETT 2019-109 JUNE 25, 2019 BRIAN JOHSZ (by teleconference at 7:00 p.m.) RAY MARQUEZ PETER ROGERS ABSENT: COUNCIL MEMBERS: NONE ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER MARK D. HENSLEY, ASSISTANT CITY ATTORNEY CHERYL BALZ, CITY CLERK SCOTT ATKINSON, DEPUTY FIRE CHIEF , CHINO VALLEY FIRE DEPARTMENT 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 PAT O'BRIEN, LIEUTENANT, CHINO HILLS POLICE L YNNAE SISEMORE, ASSIT ANT CITY CLERK PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mayor Moran INVOCATION Led by Vice Mayor Bennett PRESENTATIONS PROCLAMATION -PARKS MAKE LIFE BETTER MONTH Mayor Moran presented a proclamation to Chino Hills Community Services employees Richard Cervantez, Hannah Miller and Lindsey Coe, and thanked them for all their support with events, classes, and programs in the City. Recreation Specialist Cervantez thanked Council for the acknowledgment and said he was humbled to give back to the community. RECOGNITION -CHINO HILLS CHAMPIONS SPECIAL OLYMPICS BASKETBALL TEAM Mayor Moran, Head Coach Guillen and team liaison Community Services Coordinator Cortez presented certificates of recognition on behalf of the City, County Supervisor Hagman, and Assemblyman Chen to the Chino Hills Champions Special Olympics Basketball Team and congratulated them on placing first at the Special Olympics summer games at Cal State Long Beach . CHINO HILLS CITY COUNCIL REGULAR MEETING Chino Hills Champions Special Olympics Team members: Stephen Argon Eduardo Chavelas Leonardo Chavelas Albert Gonzales Marlon Mendoza Alfonso "Fonzie" Perry James Scott Joshua Eric Torres 2019-110 JUNE 25, 2019 Head Coach Guillen presented a signed team basketball and lanyard to the City Council. PUBLIC INFORMATION OFFICER REPORT Public Information Officer Cattern announced the following events: • National Night Out on Tuesday, August 6th. Register by July 15th online at: www.chinohills.org/Naitona1Night0ut to receive neighborhood-organizing kits while supplies last. • Independence Day Celebration on Wednesday, July 3rd located at Veterans Park in conjunction with Concerts in the Park, with festivities beginning at 5:20 p.m. • Healthy Hills walking club meet-up on Saturday, July 13th at 7:30 a.m., located at Grand Avenue Park. Future walking club meet-up is on October 12th. • Chino Hills State Park Open House on July 22nd from 6:00 to 8:00 p.m. located at the Discovery Center, 4500 Carbon Canyon Road, Brea. For more information, visit the following website: https://www.parks.ca.go.ChinoHillsRTMP. • The California Department of Transportation (Caltrans) will be closing one lane of State Route 142 at various locations along Carbon Canyon Road starting June 25th through June 28th for pavement rehabilitation, as well as conducting a weed abatement on Thursday, June 27th from 9:00 a.m. to 2:00 p.m. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no reportable action taken in Closed Session . PUBLIC COMMENTS Vice Mayor Bennett introduced Jennifer Holtkamp the newly appointed Parks and Recreation Commissioner. Commissioner Holtkamp gave a brief biography and said she was delighted to be part of the Commission. James Beck, Boy Scout Troop 220, spoke about his Eagle Scout project and asked if he could present the handmade box for retired flags to Council at the Independence Day celebration. He also expressed a desire to have the box placed permanently at the Chino Hills Community Center. Stephanie Wade, Congressman Cisneros Field Representative, introduced herself to Council and the community, and spoke about her office hours held at City Hall. Dr. Marianne Cintron, Educator, spoke about her non-profit organization called Step by Step for Dyslexia Solutions and stated what services she offered to Chino Hills residents. CHINO HILLS CITY COUNCIL REGULAR MEETING 2019-111 JUNE 25, 2019 Kim Eddings, Chino Hills AYSO Regional Commissioner, addressed her concerns about City field use fees. Ronnie Guyer, resident, said he was proud to be a part of the local PBS Special called "Vietnam Speaks" for which Ethan Mink, communications student at California State University, San Bernardino, recently received an Emmy award for his KVCR documentary. Suzette Dang, representing Supervisor Curt Hagman's office, announced a save the date for "Community Coffee" with Supervisor Hagman and Senator Chang on June 29th from 9:00 a.m. to 10:30 a.m. at the Chino Hills Community Center. Sharon Wilkins, resident, commended staff for selecting a great contractor for the repaving project occurring near her home. CONFLICT OF INTEREST ANNOUNCEMENTS There were no conflict of interest announcements to record. CITY DEPARTMENT BUSINESS CONSENT CALENDAR Item Nos. 10, regarding the Adult Soccer Program; and 12, regarding the Los Serranos Safe Routes to School (West) and Trail Improvements Project were pulled from the Consent Calendar for discussion and separate votes. Motion was made by Council Member Rogers and seconded by Vice Mayor Bennett to approve the following Consent Calendar items: MINUTES The City Council approved the June 11, 2019, City Council Meeting Minutes, as presented. WARRANT REGISTERS The City Council approved Warrant Registers and Wires over $25,000 for the period of May 30 through June 12, 2019, in an amount of $3,354,714.84, as presented. AWARD BID -SUPERVISORY CONTROL & DATA ACQUISITION SYSTEM UPGRADE PROJECT The City Council (1) awarded bid and Agreement No. A2019-139 to COM Contractors, Inc. (COM Smith) in an amount of $899,994; (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 of same; and (4) authorized the City Manager, at his discretion, to approve cumulative change orders up to ten percent ($89,999.40) of the awarded contract amount for the Supervisory Control & Data Acquisition (SCADA) System Upgrade project. CHINO HILLS CITY COUNCIL REGULAR MEETING AGREEMENT AMENDMENT -CITYWIDE TREE MAINTENANCE 2019-112 JUNE 25, 2019 The City Council (1) authorized execution of Amendment No. 7 to Agreement No. A2014-049 with West Coast Arborists, Inc. (WCA) decreasing the annual amount for Fiscal Year 2019-20 from $903,020 to $205,000; and (2) extended the termination date of the current contract from June 30, 2019 to September 30, 2019. AGREEMENT AMENDMENT -ENGLISH SPRINGS PARK LAKE MAINTENANCE The City Council (1) authorized execution of Amendment No. 1 to Agreement No. A2014-080 with Integrated Vegetation Management, Inc. (IVM) decreasing the annual amount for from $23,400 to $6,500; and (2) extended the termination date of the current contract from June 30, 2019 to September 30, 2019. Motion carried by roll call vote as follows: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NONE NONE DISCUSSION CALENDAR AGREEMENT-ADULT SOCCER PROGRAM Council Member Marquez pulled this item from the Consent Calendar for discussion and separate vote. He inquired about the fees and insurance coverages for the soccer program. Community Services Director Marshall replied that each participant pays various individual fees and is required to submit insurance coverages for the program. Residents are charged $60, and non-residents $75. Following discussion, a motion was made by Council Member Marquez and seconded by Vice Mayor Bennett to authorize execution of a three -year Agreement No. A2019-140 with NOCRA dba North Orange County Referee Association, with two, one-year renewal options in an amount not-to-exceed $519,120 to provide officiating services for the Adult Soccer Program. Motion carried by roll call vote as follows: A YES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:. MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NONE NONE LOS SERRANOS SAFE ROUTES TO SCHOOL (WEST) AND TRAIL IMPROVEMENT PROJECT -RESOLUTION ADOPTED Council Members Johsz and Marquez pulled this item from the Consent Calendar for discussion and separate vote. CHINO HILLS CITY COUNCIL REGULAR MEETING 2019-113 JUNE 25, 2019 Council Member Johsz commended staff for implementing the improvements at Gird Avenue, Lugo Avenue and El Molino Boulevard , as well as constructing a walking path between Gird and Country Club Drive for the Los Serra nos Safe Routes to School project. Council Member Marquez stated that the San Bernardino County Transportation Authority offered the City grant funds of $250 ,000 toward the project, and inquired if the City was going to match those funds . Public Works Director Majaj answered affirmatively, that the City was matching the grant funds of $250,000 toward the project. Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Marquez to (1) adopt Resolution No. 2019R-037 of the City Council of the City of Chino Hills, California, Approving the Design and Plans for the Los Serranos Safe Routes to School (West) and Trail Improvements 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 . Motion carried by roll call vote as follows : AYES: COUNCIL MEMBERS : NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS : MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NONE NONE MASTER SCHEDULE OF FEES AMENDMENT -RESOLUTION ADOPTED City Manager Montgomery briefed the Council on the staff report and gave a PowerPoint presentation, which is on file in the City Clerk's Office. Sharon Wilkins, resident , inquired about employee costs for inspections on non-profit events and asked why the City was charging non-profits for the ir salaries. City Manager Montgomery stated that the City is looking to recover the cost of the service from the person specifically benefitting from it. He added that inspections are mostly conducted during work hours. Following discussion, a motion was made by Council Member Rogers and seconded by Vice Mayor Bennett to adopt Resolution No. 2019R-038 of the City Council of the City of Chino Hills, California, Amending the Master Schedule of Fees, Fines and Penalties CHINO HILLS CITY COUNCIL REGULAR MEETING 2019-114 JUNE 25, 2019 Set Forth in Resolution No. 2019R-036 by Adding Certain Community Services and Building Fees, and Determining that the Adoption of Fees, Fines and Penalties are Exempt from Review Under the California Environmental Quality Act. Motion carried by roll call vote as follows: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: PUBLIC HEARINGS MORAN, BENNETT, JOHSZ, ROGERS MARQUEZ NONE ENGINEER'S REPORTS -ANNUAL ASSESSMENTS -RESOLUTIONS ADOPTED Item Nos. 16 through 19 were heard as one hearing. Public Works Director Majaj briefed the Council on the staff reports, which are on file in the City Clerk 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. Following discussion, a motion was made by Council Member Rogers and seconded by Council Member Marquez to adopt (1) Resolution No. 2019R-039 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of the Chino Hills Los Serranos Lighting Maintenance District, to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for the Chino Hills Los Serranos Lighting Maintenance District, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 et seq.); (2) Resolution No.2019R-040 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of the Chino Hills Landscape and Lighting District No. 1 to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for the Chino Hills Landscape and Lighting District No. 1, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 et seq.); (3) Resolution No. 2019R-041 of the City Council of the City of Chino Hills, California, Acting in its Capacity as the Governing Body of the Chino Hills Vellano Landscaping and Lighting District to Confirm the Annual Assessments and Order the Levy and Collection of Assessments for the Chino Hills Vellano Landscaping and Lighting Maintenance District, Pursuant to Provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 et seq.); (4) Resolution No. 2019R-042 of the City Council of the City of Chino Hills, California, Confirming Service Charges for Collection on the Tax Roll for Chino Hills Special Maintenance Area No. 1 (formerly County Service Area 70-CH) and Ordering the Levy and Collection of Assessments for the Chino Hills Special Maintenance Area No. 1, Pursuant to Provisions of San Bernardino County Ordinance No. SD91-11 as Adopted by City of Chino Hills Ordinance Nos. 91-01 and 92-02; and (5) Resolution No. 2019R-043 of the City Council of the City of Chino Hills, California, Confirming Service Charges for Collection on the Tax Roll for Chino Hills Special Maintenance Area No. 2 (Formerly County Service Area 48-A) and Ordering the Levy and Collection of Assessments for the Chino Hills Special Maintenance CHINO HILLS CITY COUNCIL REGULAR MEETING 2019-115 JUNE 25, 2019 Area No. 2, Pursuant to Provisions of San Bernardino County Ordinance No. SO83-2 as Adopted by City of Chino Hills Ordinance Nos. 91-01 and 92-02. Motion carried by roll call vote as follows: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: SAFETY UPDATES· Police and Fire MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NONE NONE Police : Lieutenant O'Brien stated that fireworks are illegal in Chino Hills and that there will be heavy patrol the weeks prior and during the Fourth of July holiday. He said that the Chino Hills Police Station is hosting an Active Shooter Workshop on August 15th at the Community Center for local businesses. Mayor Moran inquired about fines for illegal fireworks. Fire: Deputy Fire Chief Atkinson stated that the fine for illegal fireworks is $1,000 per incident. He said that the Chino Valley Independent Fire District is hosting recruitment workshops on July 18th and July 30th at the Chino Valley Training Center at 5092 Schaefer Avenue, Chino. COUNCIL REPORTS LEAGUE OF CALIFORNIA CITIES ENVIRONMENTAL QUALITY POLICY COMMITTEE Mayor Moran attended the League of California Cities Environmental Quality Policy Committee meeting and stated that they spoke about CalRecycle's challenges with recycling, California Offices of Emergency Services (CAL OES) provided an emergency preparedness presentation, and they reviewed updates on the Governor's budget. Council Member Marquez also attended the policy committee meeting and said the budget for homelessness was increased by $100,000,000 this next fiscal year, which is still not nearly enough to cover the epidemic. Lastly, Mayor Moran said the committee also discussed Assembly Bill 1583 which proposes to convene a Statewide Commission on recycling markets as well as curbside recycling, as well as doing away with the green following arrow triangle on plastic materials. WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT Mayor Moran attended the West Valley Mosquito and Vector Control District Board meeting and said that there will be no meeting in July. She encouraged the community to acquire mosquito deterrent wipes at the Chino Hills Concerts in the Park. CHINO HILLS CITY COUNCIL REGULAR MEETING CHINO VALLEY INDEPENDENT FIRE DISTRICT 2019-116 JUNE 25, 2019 Vice Mayor Bennett attended the Chino Valley Independent Fire District Board meeting and stated that they honored Deputy Fire Chief Faherty's retirement, and introduced all of the new firefighters and paramedics . LEAGUE OF CALIFORNIA CITIES PUBLIC SAFETY COMMITTEE Council Member Marquez attended the League of California Cities Public Safety Committee meeting and stated that they voted to support Assembly Bill 1544 (Gipson), community Paramedicine, which gives firefighters more job responsibilities and trainings toward in-home health care determinations and triage, thereby reducing response times and eliminating Emergency Room follow-ups. Lastly, he said the committee discussed Senate Bill 438 (Hertzberg) Emergency Medical Services: Dispatch, to expand services to municipalities but did not take a position. TRES HERMANOS CONSERVATION AUTHORITY Council Member Rogers attended the Tres Hermanos Conservation Authority meeting and stated that they conducted interviews for general counsel for the Authority in closed session and voted on two procedural items during open session, such as a contract for the dam project. Council Member Marquez spoke about the dam project and commended the Authority members for working well together. COUNCIL COMMENTS Rogers: Council Member Rogers inquired about the Chino Hills A YSO concerns of soccer field use fees, and asked staff to look into the matter. Community Services Director Marshall said there is a level of set up fees that have been in place for many years and that staff will research the matter. Council Member Rogers asked staff to present Council with the status of the real estate sign enforcement, as well as English Springs Park duck feeding problem. Bennett: Vice Mayor Bennett wished everyone a happy Fourth of July celebration and encouraged the public to attend the July 3rd festivities at Veterans Park. He attended the 5th Annual Charity Golf Tournament hosted by the Chamber of Commerce and said there are a lot of unsung heroes in the community. Lastly, he wished his wife Nikki a Happy 52nd Anniversary. Marquez: Council Member Marquez inquired about Crossroads Park landscaping and equipment. Community Services Marshall said the swing was an old worn out tire swing and that staff will address the issues with the park. Council Member Marquez thanked staff for following up with resident concerns , and asked staff to look into the Chino Hills AYSO field use fees and to consider partnering with them so they are not charged. Johsz: Council Member Johsz encouraged the pubic to attend the July 3rd holiday celebrations at Veterans Park, as well as the summer concert series. He wished his wife Libby a Happy 15th Anniversary. Moran: Mayor Moran recognized Fire District Board Member Luth and School Board member Schaffer in the audience. She asked that the City Manager report the Legislative Advocacy Committee meeting actions at future Council meetings. CHINO HILLS CITY COUNCIL REGULAR MEETING ADJOURN IN MEMORIAM 2019-117 JUNE 25, 2019 Mayor Moran adjourned the meeting at 8:25 p.m. in memory of Los Angeles County Sheriff Deputy Joseph Gilbert Solano who passed away tragically in an off-duty shooting at the age of 50 on June 12, 2019; and Chino Hills residents Jeanine Moncada-Rosales and Sonia Moncada who passed away tragically in a multi-vehicle collision on State Route 71 on June 12, 2019. Respectfully submitted, APPROVED: July 9, 2019