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12-13-2011 CC Rpt A02 MINUTES CITY COUNCIL CITY OF CHINO HILLS NOVEMBER 22, 2011 Mayor Graham called the Regular Meeting of the City Council of the City of Chino Hills to order at 6:00 p.m. PRESENT: COUNCIL MEMBERS: ED GRAHAM ART BENNE I I W. C. "BILL" KRUGER GWENN NORTON-PERRY PETER J. ROGERS ABSENT: COUNCIL MEMBERS: NONE ALSO PRESENT: MICHAEL S. FLEAGER, CITY MANAGER MARY M. McDUFFEE, CITY CLERK KATHLEEN GOTCH, ASSISTANT CITY MANAGER PUBLIC COMMENTS: There were no public comments. RECESS — CLOSED SESSION. Mayor Graham declared the meeting recessed into Closed Session to hold: 1. Conference with Legal Counsel — Initiation of Litigation, one potential case, pursuant to Government Code Section 54956.9(c). 2. Conference with Real Property Negotiator, pursuant to Government Code Section 54956.8 — City of Chino Hills and Dan Fox regarding property known as Assessor Parcel No. 1031-011-35. 3. Conference with Legal Counsel -- Existing Litigation, pursuant to Government Code Section 54956.9(a). a. Michael and Kimberly Denton vs. City of Chino Hills, CIVRS 1108471. b. Richland Pinehurst, L.P., Hunters Hill, and JPR Homes vs. City of Chino Hills and Does 1 through 1000, CIVRS 81282. c. Richland Pinehurst, L.P., Hunters Hill L.P., etc, vs. City of Chino Hills, Doug La Belle, etc. CIVRS 912876. COUNCIL MEMBERS NORTON-PERRY AND ROGERS LEFT THE CLOSED SESSION ROOM AT 6:26 P.M. AND DID NOT PARTICIPATE IN THE FOLLOWING DISCUSSION DUE TO A POTENTIAL CONFLICT OF INTEREST. 1 912, CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 d. In the Matter of the Application of Southern California Edison Company (U- 338-e) re the Tehachapi Renewable Transmission Project - California Public Utility Commission Application No. 07-06-031. e. City of Chino Hills vs. Southern California Edison Company and Does 1 through 25, CIVRS 901914, AFTER CLOSED SESSION AND RECESS: Mayor Graham reconvened the meeting at 6:30 p.m. and recessed it until 7:00 p.m. RECONVENE MEETING AND ROLL CALL AT 7:00 P.M: Mayor Graham reconvened the meeting at 7:00 p.m. and requested the City Clerk call roll. PRESENT: COUNCIL MEMBERS: ED GRAHAM ART BENNETT W. C. "BILL" KRUGER GWENN NORTON-PERRY PETER J. ROGERS ABSENT: COUNCIL MEMBERS: NONE ALSO PRESENT: MICHAEL S. FLEAGER, CITY MANAGER BRADLEY WOHLENBERG, ASSISTANT CITY ATTORNEY MARY M. McDUFFEE, CITY CLERK KATHLEEN GOTCH, ASSISTANT CITY MANAGER JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR CAPTAIN BILL LENEW, CHINO HILLS POLICE DEPARTMENT JOHN MURA, PUBLIC WORKS DIRECTOR STEVE NIX, CITY ENGINEER BEVERLY SMITH, ACCOUNTING SUPERVISOR PLEDGE OF ALLEGIANCE TO THE FLAG: Public Works Director John Mura led the Assembly in the Pledge of Allegiance to the Flag. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION: There was no reportable action taken in Closed Session. 2 1-2 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 CITY COUNCIL REORGANIZATION: In accordance with Administrative Policy, Section 1.1, City Council Reorganization, select a Mayor and Vice Mayor for the terms of December 1, 2011 through November 30, 2012. MAYOR: Council Member Graham nominated Vice Mayor Bennett as Mayor. Council Member Norton-Perry seconded the nomination. MOTION: On motion by Council Member Graham, seconded by Council Member Norton- Perry, the City Council selected Art Bennett as Mayor for the term of December 1, 2011 through November 30, 2012. MOTION UNANIMOUSLY CARRIED. VICE MAYOR: Council Member Kruger nominated Council Member Rogers as Vice Mayor. Council Member Bennett seconded the nomination. MOTION: On motion by Council Member Kruger, seconded by Council Member Bennett, the City Council selected Peter Rogers as Vice Mayor for the term of December 1, 2011 through November 30, 2012. MOTION UNANIMOUSLY CARRIED. PROCLAMATIONS/RECOGNITION: 1. Military Banner Program: The City Council authorized, and Mayor Graham presented, a Certificate of Recognition to Military Banner Program Participant William Wantz on behalf of son Daniel, U. S. Air Force. Mr. Wantz thanked the City for this program to recognize the City's youth who serve their Country. 2. Interview-a-Veteran Essay Contest Winners: The City Council authorized, and Mayor Graham presented, Certificates of Recognition to the Winners of the Interview-a-Veteran Essay Contest, sponsored by the Chino Hills Kiwanis. Grades 5 & 6 - Zachary Daniels Grades 7 & 8 - Charlie Tang Grades 9 & 10 - Sebastian Sanchez Grades 11 & 12 - Cory Love Mayor Graham thanked the Chino Hills Kiwanis Club and Member Bill Taylor for sponsoring this program. Mr. Taylor stated he is amazed at the time the students put into this contest and noted this is a very moving experience for the students and everyone involved in this contest. Certificates on behalf of the Kiwanis Club and Assemblyman Curt Hagman were also presented, as well as a U.S. Flag flown over the Capitol provided by Congressman Miller. 3 1 -3 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 PUBLIC COMMENTS 1. Bobbie Griffith, representing Friends of the Library, thanked everyone for attending the Cooking Expo and Vendor Fair. She stated the Friends of the Library will have a booth at the Chino Hills Tree Lighting Ceremony selling hot chocolate, cookies, raffle tickets and gifts. Ms. Griffith encouraged everyone purchasing a live Christmas tree to visit the Lions Club tree lot. She noted that the Lions Club has been supporting the local community for many years. 2. Chino Valley Independent Fire District Chief Kirk Summers reminded everyone to use caution while working in the kitchen over the holidays, especially if using turkey fryers. He also reminded people to change the batteries in smoke detectors, Chief Summers introduced Deputy Chief Tim Shackelford, promoted earlier this month. 3. Joey Yu, President of the Shandong Association of California, thanked Mayor Graham for speaking at their recent golf tournament held at Vallano Country Club. He stated it was such a success, it will be held in Chino Hills next year. 4. James Stephens, resident, read information from the Heritage Foundation relating to health problems associated with marijuana use, He stated that the City Council needs to keep this activity (marijuana dispensaries) out of the City. 5. Robin Lindsay asked the City Council to adopt an ordinance banning medical marijuana in the City. She read an article relating to increased violence in and around marijuana growing farms. 6. Abel Chapa, San Bernardino Patients Association, stated that Chino Hills ranks high in property crime. He further stated that he rebuts Ms. Lindsay's claims and will sue her and the City Council for defamation. He stated he does not condone the magazine (KUSH) that Ms. Lindsay presents as evidence of wrong doing. 7. Joanne Genis, Hope for the Hills, encouraged everyone to continue to participate in the opposition to the Tehachapi Renewable Transmission project and noted that Channel 4 News visited today and put a piece on the air and tomorrow there will be an interview with the L.A. Times. Ms. Genis stated that Hope for the Hills will continue to work on bringing awareness to everyone and thanked the City Council for their ongoing efforts. 8. James Na, School Board, thanked Mayor Graham for his work over the past year. He stated that he is proud of this City and thanked the City Council members for their hard work. 4 1 -4 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 CONSENT CALENDAR MOTION: On motion by Council Member Kruger, seconded by Council Member Rogers, the City Council took the following actions on the following Consent Calendar items: 1. Approved the reading by title only of all ordinances and resolutions wherein the titles appeared on the public agenda, said titles were determined to have been read by title, and further reading was waived. 2. Approved the Minutes of the Regular Meeting held November 8, 2011. 3. Approved the Warrant Registers in the amount of $2,119,595.04 for the period of November 3, 2011 through November 16, 2011. 4. Received and filed the City Official Reports pursuant to Travel, Training and Meetings Reimbursement Policy for the period of November 9, 2011 through November 22, 2011. 5. Authorized execution of Agreement No. A11-65 with Concord Utility Services, to replace water meters with radio read meters in an annual amount not to exceed $61,900. 6. Authorized execution of Agreement No. A11-66 with C. J, Construction, Inc., for miscellaneous concrete repair in an annual amount not to exceed $200,000. 7. Authorized execution of Agreement No. A11-67 with General Pump for on-call water well rehabilitation and booster repair services in an amount not to exceed $77,600. 8. 1) Authorized an appropriation from the unreserved General Fund balance in the amount of $33,500 for permits and fees associated with the Citywide Basin Maintenance 1600 Permit. 2) Authorized execution of Amendment No. 1 to Agreement No. A11-41 with Vandermost Consulting Services, Inc., revising the Scope of Services to include additional work. MOTION UNANIMOUSLY CARRIED. END OF CONSENT CALENDAR APPOINTMENT TO CHINO HILLS COMMUNITY FOUNDATION BOARD OF DIRECTORS — WAYNE SCAGGS: Council Member Rogers removed this item from the Consent Calendar and stated that Dr. Melba Mays recently resigned from the Foundation Board due to time constraints and the Board unanimously voted to appoint Wayne Scaggs to the Board. MOTION: On motion by Council Member Rogers, seconded by Council Member Bennett, the City Council appointed Wayne Scaggs to the Board of Directors of the Chino Hills Community Foundation for a term ending 2015. MOTION UNANIMOUSLY CARRIED. 5 1 -5 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 PLANNING COMMISSION MATTERS November 15. 2011 PLANNING COMMISSION MEETING 1. DESIGN REVIEW NO. 379. 14016 Giant Forest Loon: A request for approval of Design Review No. 379 for the construction of a 2,032 square-foot addition and an attached 583-square foot two-car garage, to an existing 4,356-square foot, two- story, single-family detached home and an attached 572 square-foot two-car garage, located at 14016 Giant Forest Loop; Jack Wu, applicant. ACTION: Adopted a resolution approving Design Review No. 379 based on the findings of facts and subject to the Conditions of Approval. 2. DESIGN REVIEW NO. 380, 4235 El Molino Boulevard: A request for approval of the construction of a 1,996-square foot, single story, single-family detached home with an attached 454-square foot two-car garage, located at 4235 El Molino Boulevard; Jose Gradilla, applicant. ACTION: Adopted a resolution approving Design Review No. 380 based on the findings of facts and subject to the Conditions of Approval. 3. MITIGATED NEGATIVE DECLARATION AND DESIGN REVIEW NO. 378. 2843 English Road: A request to adopt an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program and approval of Design Review No. 378 for the construction of a new two-story, single-family detached home consisting of 5,200 square feet of livable space, an attached 790-square foot two-car garage, a detached 760-square-foot pool house, and a detached 1,650-square foot, three-car garage, located at 2843 English Road; Hartman-Baldwin, Inc., applicant. ACTION: Adopted the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program for Custom Home Design Review No. 378; and approved Custom Home Design Review No, 378. 4. CONDITIONAL USE PERMIT 11 CUPS: A request to allow the operation of the Grid Internet Café with sixty-five (65) computer stations at 3060 Chino Avenue, Units C & D, within the Crossroads Entertainment Center; AV Capital Investments, applicant. ACTION: Adopted a resolution approving Conditional Use Permit 11CUP08 based on the findings of facts and subject to the Conditions of Approval. 5. CONDITIONAL USE PERMIT 11 CUP09: A request to allow the sale of alcoholic beverages for offsite consumption at a new convenience store to be located at 3280 Chino Hills Parkway, Suites 1 and 2; Mohammad Ali and Etaf Aljamal, applicants. ACTION: Adopted a resolution approving Conditional Use Permit 11CUP09 based on the findings of fact and subject to the Conditions of Approval. 6 1 -6 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 The City Council took no action on the foregoing Planning Commission matters. END OF PLANNING COMMISSION CONSENT CALENDAR PUBLIC HEARING —AB3229 CITIZEN'S OPTION FOR PUBLIC SAFETY FUNDING FY 2011/2012: To consider the recommendations for the allocation of the additional supplemental funding for local law enforcement pursuant to Assembly Bill No. 3229, in the amount of $21,259. City Manager Fleager briefed the City Council on the staff report, on file in the City Clerk's office. Mayor Graham opened the public hearing and asked if anyone wished to address the City Council on this matter. Hearing no one, he closed the public hearing. MOTION: On motion by Council Member Norton-Perry, seconded by Council Member Kruger, the City Council adopted Resolution No. 11 R-68 entitled: RESOLUTION NO. 11R-68. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS ALLOCATING AND APPROPRIATING THE SUPPLEMENTAL FUNDING PROVIDED UNDER ASSEMBLY BILL NO. 3229 FOR ALLOCATION YEAR 2011/12. Roll call vote: AYES: COUNCIL MEMBERS: GRAHAM, BENNE I I , KRUGER, NORTON-PERRY, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE MOTION UNANIMOUSLY CARRIED. Mayor Graham declared Resolution No. 11 R-68 duly passed and adopted. PUBLIC HEARING — PROTECTION OF CITY-OWNED TREES: To consider an ordinance that addresses the preservation, protection, and management of trees on City owned property. Community Development Director Lombardo briefed the City Council on the staff report, on file in the City Clerk's office. Public Works Director John Mura provided additional information on how this ordinance will affect everyone and the establishment of a permit system for removal of City trees and fees for mitigation. He added that this proposed ordinance was reviewed and recommended for approval by the Parks and Recreation Commission and the Planning Commission. 7 1-7 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 Mayor Graham opened the public hearing and asked if anyone wished to address the City Council on the matter. Hearing no one, he closed the public hearing. Community Development Director Lombardo added that Heritage Trees and certain Native Trees are protected. It was the consensus of the City Council that the Planning Commission develop a draft ordinance addressing trees on private property. MOTION: On motion by Council Member Rogers, seconded by Council Member Bennett, the City Council introduced Ordinance No. 249 entitled: ORDINANCE NO. 249. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADDING CHAPTER 12.26 TO THE CHINO HILLS MUNICIPAL CODE CONCERNING THE PROTECTION OF CITY-OWNED TREES AND AMENDING CHAPTER 8.12 AND SECTION 12,12.010 OF THE CHINO HILLS MUNICIPAL CODE. COUNCIL REPORTS 1. Chino Valley Independent Fire District — Vice Mayor Bennett reported that the Fire Board elected Ed Gray as President, and Sarah Evinger as Vice President. He noted that promotions took place and a new Chaplain was introduced, Vice Mayor Bennett added that the Board voted unanimously to support Chino Hills' efforts in opposition to the Tehachapi Renewable Transmission Project. 2. Chino Basin Watermaster— Council Member Kruger reported that Desi Alvarez, CEO, resigned and the position is currently vacant. He added that the 85/15 rule policy and preemptive replenishment agreements were also discussed. Council Member Kruger stated that Metropolitan Water is considering double digit rate increases. 3. Chino Valley Unified School District — Council Member Rogers reported that B.A.P.S. donated $5,000 to Chino Hills High School and President Na recognized community member Brenda Dunkle for her many contributions. A new Charter School, NASA, applying for recognition and in process. The Board appointed David Black to replace Brandon Blanchard. 4. Water Facilities Authority — Council Member Rogers reported that no facilities would be shut down for repairs in the near future and due to the snow pack and rain last season, member agencies purchased 33,000 acre-feet to recharge the aquifer. 8 1 -8 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 COUNCIL COMMENTS Bennett. Vice Mayor Bennett thanked the City Council for appointing him Mayor for the coming year. He noted he is looking forward to the Tree Lighting Ceremony and wished everyone a blessed Thanksgiving. Vice Mayor Bennett introduced Anish Patel, the operator of the new Chaparral 300 Bowling facility opening in December. Mr. Patel stated his family looks forward to the ribbon cutting and grand opening in December. He added that there will be many family oriented opportunities at Chaparral 300, including facilities for birthday parties, bowling leagues, arcade games and music. Mr. Patel invited people who are interested in applying for a position to visit the website at Chaparral300.com. He noted they anticipate hiring forty to fifty employees. Vice Mayor Bennett added that the lanes are lighted and use the newest technology. He stated the Chaparral 300 Bowling facility will be a welcome addition to the City. Rogers. Council Member Rogers thanked Mayor Graham for his year as Mayor and for the many events he attended. He thanked Public Works Director John Mura for his service to the City and wished him well at his new job. Mr. Mura stated he has learned a great deal in Chino Hills and appreciates the opportunities he has been provided. Council Member Rogers noted that Caring for the Hills distributed approximately 125 Thanksgiving meals last Saturday with the support of many local grocery stores who support this group year round, especially during the holidays. Council Member Rogers stated Peyton Drive is looking great and the project is running smoothly. City Engineer Nix commended his staff for the great job they are doing. He added that the project is ahead of schedule and he anticipates that the final cap will be installed on December 12. Council Member Rogers questioned what improvements will occur with the Phase 3 segment. City Engineer Nix stated that if all environmental permits are received, the box culvert to eliminate flooding will be installed next, followed by widening of Peyton Drive from Eucalyptus Avenue to just north of Chino Hills Parkway. He added that both projects are six month estimates with completion in a year. Vice Mayor Bennett stated the high school is very happy with the wider drive which accommodates the band truck. He also stated that both Ayala and Chino Hills High School bands participated in the Western Band Association competition in Santa Barbara and were very successful. He noted that Ayala won Grand Champion. 9 1-9 CHINO HILLS CITY COUNCIL 2011 REGULAR MEETING MINUTES NOVEMBER 22, 2011 Council Member Rogers noted that Bulldog Way has a new sign. Council Member Rogers asked when information relating to a site for the community center is expected to be brought to City Council. City Manager Fleager stated that staff is working to resolve unforeseen issues with possible sites and when completed, will bring recommendations to Council. Kruger. Council Member Kruger stated that Chino Hills has done well over the past few years during the down economy and he is looking forward to a new year and good news on the Tehachapi Renewable Transmission Project. He wished everyone a Happy Thanksgiving. Norton-Perry. Council Member Norton-Perry wished everyone a happy and blessed Thanksgiving. Graham. Mayor Graham stated that a third member of the Public Utilities Commission toured the SCE towers. He announced a Blood drive on December 1, the Tree Lighting Ceremony on December 3, and the Boat Parade on December 22 and 23. He noted that only 65 boats will be allowed to participate this year and reservations should be made soon. Mayor Graham wished everyone a Happy Thanksgiving, adding that he will be working a food line this year and making food deliveries. ADJOURN IN MEMORIAM AND IN HOPE: Mayor Graham adjourned the City Council 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 Graham adjourned the City Council meeting at 8:26 p.m. Respectfully submitted, MARY M. McDUFFEE, CITY CLERK APPROVED: 10 1-10