Loading...
04-23-2019 CC Rpt 11MINUTES CITY COUNCIL CITY OF CHINO HILLS APRIL 9, 2019 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: BENJAMIN MONTGOMERY, CITY MANAGER MARK D. HENSLEY, CITY ATTORNEY CHERYL BALZ, CITY CLERK 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 - 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 potential case CLOSED SESSION RECESS Mayor Moran recessed the Closed Session at 6:35 p.m. Date: 04-23-19 Item No.: 11 5/114 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: BENJAMIN MONTGOMERY, 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 BRANDON FONACIER, COMMUNITY RELATIONS ANALYST I NADEEM MAJAJ, PUBLIC WORKS DIRECTOR 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 Moran INVOCATION Led by Senior Pastor Tae-Hyung Ko Ed.D., Good Shepherd Presbyterian Church of Chino Hills ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION There was no reportable action taken in Closed Session. PRESENTATIONS PROCLAMATION - DONATE LIFE MONTH Mayor Moran presented a Proclamation proclaiming April as Donate Life Month to Rob Ralston, Donate Life Ambassador. Mr. Ralston thanked Council for the acknowledgement and year round support for organ donations. He shared his personal story about receiving a liver transplant, and introduced two-time kidney transplant recipient Matthew Ogle, Todd Anderson who spoke on behalf of his daughter heart transplant recipient Lexi Anderson, and the newest Donate Life Ambassador Linda Tyer who spoke about her son and Mayor Moran’s brother Kimo Householder being an organ donor who saved many lives. Lastly, Mr. Ralston presented a picture to Mayor Moran and Mrs. Tyer for their participation with the Donate Life Rose Parade float. 6/114 PUBLIC INFORMATION OFFICER REPORT Public Information Officer Cattern announced the following events: ∑Adult Easter Egg Scramble on Friday, April 12th at Chino Hills Community Pa rk, 3280 Eucalyptus Avenue ∑Healthy Hills Walking Club Meetup on Saturday, April 13th at Butterfield Pa rk, 17671 Mystic Canyon Drive ∑Easter Egg-Citement on Saturday April 20th at Chino Hills Community Pa rk, 3280 Eucalyptus Drive PUBLIC COMMENTS Zeb Welborn, Executive Director of the Chamber of Commerce, spoke about the recent “Taste of Chino Valley” and upcoming Chamber events. Suzette Dang, on behalf of Supervisor Curt Hagman’s office, announced a free compost event at the Chino Airport at on Saturday April 27th. CONFLICT OF INTEREST ANNOUNCEMENTS There were no conflict of interest announcements to record. CITY DEPARTMENT BUSINESS CONSENT CALENDAR Item Nos. 7, regarding Warrant Register; 10, regarding the park signage ordinance; and 13, regarding an agreement with Tanko Streetlighting were pulled from the Consent Calendar for discussion and separate votes. Motion was made by Council Member Marquez and seconded by Council Member Bennett to approve the following Consent Calendar items: MINUTES The City Council approved the March 26, 2019, City Council Meeting Minutes, as presented. FINANCIAL REPORT The City Council received and filed the monthly Financial Report for February 2019, as presented. INVESTMENT REPORT The City Council received and filed the Investment Report for month ended February 28, 2019, as presented. MUNICIPAL CODE AMENDMENT - LIMITED ACCESSORY LOT TEMPORARY STRUCTURES -ORDINANCE ADOPTED The City Council adopted Ordinance No. 337 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 to Amend Chapter 16.10.020 Permitted Uses, Accessory Uses, Conditional Uses, and Temporary Uses, and to Add Chapter 16.10.025 Accessory Lot 7/114 Uses and Finding Proposed Municipal Code Amendment 18MCA03 Exempt From Review Under the California Environmental Quality Act for second reading by title only. AGREEMENT AMENDMENT - ARCHITECTURAL AND FINAL DESING SERVICES - LOS SERRANOS PARK PROJECT The City Council (1) authorized the execution of Amendment No. 2 to Agreement No. A2016-077 with RJM Design Group, for architectural and final design services associated with the Los Serranos Park project in an amount of $70,400, increasing the total not-to-exceed amount to $322,800, which includes reimbursable expenses; and (2) extended the contract term to December 31, 2019. BID AWARD - 2018-19 STREET IMPROVEMENT PROJECT - RESOLUTION ADOPTED The City Council (1) adopted Resolution No. 2019R-022 of the City Council of the City of Chino Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 for the Fiscal Year 2018-19 Street Improvement Project in the Amount of $850,000; (2) awarded the bid and Agreement No. A2019-071 to Onyx Paving Company, Inc., in the amount of $1,853,000, for the FY 2018-19 Street Improvement Project; (3) authorized staff to issue a Notice of Award; (4) 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 (5) authorized the City Manager, at his discretion, to approve cumulative change orders up to five percent ($92,650) of the awarded contract amount. BID AWARD - CALLE SAN MARCOS AND EAGLE CANYON DRIVE PAVEMENT REHABILITATION PROJECT - RESOLUTION ADOPTED The City Council (1) adopted Resolution No. 2019R-023 of the City Council of the City of Chino Hills, California, Adopting a Budget Amendment for Fiscal Year 2018-19 for the Calle San Marcos and Eagle Canyon Drive Pavement Rehabilitation Project in the Amount of $200,000; (2) awarded the bid and Agreement No. A2019-072 to Onyx Paving Company, Inc., in the amount of $368,000, for Calle San Marcos and Eagle Canyon Drive Pavement Rehabilitation Project; (3) authorized staff to issue a Notice of Award; (4) 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 (5) authorized the City Manager, at his discretion, to approve cumulative change orders up to ten percent ($36,800) of the awarded contract amount. AGREEMENT AMENDMENT - ENVIRONMENTAL SERVICES The City Council (1) authorized the execution of Amendment No. 5 to Agreement No. A12-05 with Michael Baker International, Inc., for additional environmental services in the amount of $4,210, to address the December 28, 2018, State of California (State) amended language to CEQA Statutes and Guidelines and addressing added technical 8/114 analyses pertaining to wildfire and energy conservation, increasing the total Agreement not-to-exceed amount to $403,442; and (2) extended the contract term to June 30, 2021. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE DISCUSSION CALENDAR WARRANT REGISTERS Council Member Marquez pulled this item from the Consent Calendar for discussion and separate vote. He inquired about the payment for the Tres Hermanos Conservation Authority. Finance Manager Carlock responded that per the Amended and Restated Tres Hermanos Conservation Joint Powers Authority agreement, each member agency, which consists of the cities of Chino Hills, Diamond Bar and Industry agreed to contribute $100,000 for members share of maintenance costs for the first year. She said that the City of Chino Hills had already contributed $45,204.42, and $54,795.58 represents the remaining balance from the City of Chino Hills. A motion was made by Council Member Marquez and seconded by Mayor Moran to approve the Warrant Registers and Wires over $25,000 for the period of March 14 through 27, 2019, in an amount of $1,838,013.86, as presented. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE MUNICIPAL CODE AMENDMENT - WHEELED TOYS AND PARK AND RECREATION FACILITY REGULATIONS Mayor Moran, Vice Mayor Bennett, and Council Members Johsz, Marquez, and Rogers pulled this item from the Consent Calendar for discussion and separate vote. The following residents spoke in opposition to the Municipal Code Amendment and Sign Updates ordinance: Chet Spencer, Peggy Benson, and Luis Esparza. Council Member Marquez addressed his concerns about safety from those riding bicycles and razors in areas around smaller children in the parks. 9/114 Council Member Johsz stated that he was not in favor of the ordinance and feels that it needs to be re-written to achieve a common goal with Council and the community. He said the City should not be so restrictive on certain park uses and that there should be a fine balance between personal responsibility and common sense. Vice Mayor Bennett said there are good and bad views within the ordinance, and that the main concern comes down to the safety of the public. He agreed that the ordinance should be reviewed and re-written to address the concerns voiced by the Council and the public. Council Member Rogers stated his concerns regarding the ordinance and the significance of safety. He agreed with his fellow colleagues that it makes sense to revise the ordinance to be less restrictive on certain uses such as drones and razors. Mayor Moran asked if staff could move forward with approving the ordinance with an exception to revise Chino Hills Municipal Code Sections 12.40.400 (Unauthorized Unmanned Aircraft and Vehicles) and 10.32 (Wheeled Toys) and bring back the revisions to Council for approval. Mayor Marquez stated that he was concerned with park hours and wished it to be readdressed within the ordinance. Following discussion a motion was made by Council Member Johsz and seconded by Vice Mayor Bennett to direct staff to review and revise the proposed ordinance and to bring the revisions back to Council for approval. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE AGREEMENT AMENDMENT - CITY OWNED STREETLIGHT AUDIT/INVENTORY/MAINTENANCE Council Member Rogers pulled this item from the Consent Calendar for discussion and separate vote to inform the public of the progression of the streetlight project the City has completed. He said the City purchased the majority of streetlights from Southern California Edison for efficiency measures and cost savings for the future. Public Works Director Majaj replied that the City entered into an agreement with Southern California Edison in 2017 to purchase 4456 lights. He said it took the City a year to get a contractor on board to do an inventory of lights. This company is retrofitting the lights to LEDs for efficiency, truing up to make sure the numbers match, and to provide the maintenance on the lights. The City stands to save approximately $400,000 on its electric bill and it will take 7 to 8 years to get the payback. Following discussion, a motion was made by Council Member Rogers and seconded by Council Member Johsz to (1) authorize the execution of Amendment No. 1 to Agreement No. A2018-094 with Tanko Streetlighting, Inc. (Tanko), to increase the agreement amount 10/114 by $74,348.17 for a total not-to-exceed amount of $1,390,476.96; and (2) extend the termination date to June 30, 2020 to cover the one-year warranty period. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE EMERGENCY STREET REPAIRS ON RANCHO HILLS DRIVE Public Works Director Majaj updated the Council on the emergency street repairs on Rancho Hills Drive and said that as of this meeting the physical work is complete and recommended terminating the emergency repairs by the next regularly scheduled meeting. Following discussion, a motion was made by Council Member Johsz and seconded by Council Member Marquez to (1) receive and file the update to the emergency street repairs on Rancho Hills Drive in accordance with Public Construction Code 22050 and the emergency authority under Chino Hills Municipal Code Section 3.18.050.C; and (2) determine by a four-fifths vote, that there is a need to continue the emergency street repairs on Rancho Hills Drive pursuant to Public Construction Code 22050. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE SAFETY UPDATES - Police and Fire Police: Police Chief Walker spoke about a joint Roadway Safety Operation with the CHP and said the Chino Hills Police Department issued 44 citations along Carbon Canyon Road and announced that April is Distracted Awareness Month. Mayor Moran suggested that the Chino Hills Police Department conduct a safety meeting for business owners. Police Chief Walker replied that the Police Department is currently in the process of working with businesses who have inquired about active shooter trainings and safety measures. Fire: Deputy Fire Chief Collins announced the upcoming weed abatement inspection scheduled for May 15, 2019. 11/114 COUNCIL REPORTS CHINO VALLEY UNIFIED SCHOOL DISTRICT Vice Mayor Bennett stated that he did not attend the Chino Valley Unified School District Board meeting but he followed up on the items. He said the Chino Hills High School Bingo Fundraiser that subsidizes a lot of school activities is being extended until the end of fiscal year, June 30, 2019. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY Council Member Marquez attended the San Bernardino County Transportation Authority meeting and spoke about the necessity for parcel acquisitions for Interstate 10, in the City of Montclair, and acquisitions for Redlands Passenger Rail. They also discussed the Edison relocation along Redlands Passenger Rail. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMNETS - TRANSPORTATION Council Member Marquez attended the Southern California Association of Governments (SCAG) Transportation Committee meeting and stated they appointed a new Executive Director Kome Ajise who was an Assistant Director from Caltrans. He said that Mr. Ajise has held many high profile jobs within the industry and that he will be a great addition to SCAG. He said a professor gave a presentation at a meeting on congestion pricing, and said there will be a push to charge consumers during peak hours. Lastly, he stated there is a new SCAG President Bill Jahn from the City of Big Bear, and new Vice President Randon Lane from Murrieta. CHINO BASIN DESALTER AUTHORITY Council Member Rogers attended the Chino Basin Desalter Authority meeting and said no action was taken and that they mostly discussed contract approvals. COUNCIL COMMENTS Rogers: Council Member Rogers spoke about the first of three concerts in the Jazz Concert series and said that Derick Bourdeaux will perform at the next concert on May 18th and that tickets are available via: www.ChinoHillschARTS.org. He announced that Circus Vargas is in town from April 11th through 22nd and encouraged the public to attend. Bennett: Vice Mayor Bennett stated that the circus will not have any animals and will only consist of acrobatics, daredevils and flying trapeze performances. He spoke about former Police Chief Rick Carr’s health issues and wished him good health. Lastly, he said that he is thankful for each day and wished everyone a blessed Easter holiday and Spring break. Johsz: Council Member Johsz asked for an update regarding the fencing along Rincon Park. Public Works Director Majaj said the City received a petition from 12 to 15 residents to remove the sand due to hygiene and safety, and said that engineering staff replaced the play area with wood fiber that is compliant with the American’s with Disability Act (ADA) and upgraded the play structure. Council Member Johsz reported that a student got struck by a car at Michael G. Wickman Elementary School and encouraged people to be more cognizant of their surroundings. Lastly, he asked that the community not use social media to report wrongdoing, but to contact the Chino Hills Police Department. 12/114 Marquez: Council Member Marquez spoke about the Institute of Men and Women prisons. He spoke about the Gang Prison Project that was spearheaded by actor Tim Robbins to help prisoners change about how they deal with stress. He stated that there will be a Veterans and Prison Expo on June 8th. He said that fencing and large rocks have been placed around the prison to deter breakouts and that the 55-bed mental hospital is currently in the design phase. Council Member Marquez asked that the City support Assemblyman Rodriguez on the bill regarding security assessments for all prisons. He commended Warden Borders on doing a tremendous job with the Men’s Prison. Lastly, he said the Women’s prison completed the 29-bed mental hospital and that the population is 1,800 with many active programs for the women. Moran: Mayor Moran recognized Chino Valley Independent Fire District Board Member Harvey Luth and Ayala High School students in the audience attending for their government class. Mayor Moran said prayers for a safe return of two hikers who went missing for three days while headed to Mt. Baldy. ADJOURN IN MEMORIAM Mayor Moran adjourned the meeting at 8:15 p.m. in memory of California Highway Patrol Motor Sergeant Steve Licon, who passed away tragically during a traffic stop on the Interstate 15 Freeway in Lake Elsinore on April 6, 2019. Respectfully submitted, CHERYL BALZ, CITY CLERK APPROVED: 13/114