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08-13-2019 CC Rpt 10MINUTES CITY COUNCIL CITY OF CHINO HILLS JULY 9, 2019 REGULAR MEETING 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 RAY MARQUEZ PETER ROGERS ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER MARK D. HENSLEY, CITY ATTORNEY PUBLIC COMMENTS There were no public comments. RECESS TO CLOSED SESSION Mayor Moran declared the meeting recessed at 5:30 p.m. for Closed Session. EXISTING LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - WGP Vellano, LLC v. City of Chino Hills, et al., Case No. CIVDS1919371 EXISTING LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - City of Chino Hills; City of Chino; Chino Valley Independent Fire District; and County of San Bernardino v. California Department of Corrections and Rehabilitation; Ralph Diaz; Does 1 to 30, Case No. CIVDS1917019 REAL PROPERTY NEGOTIATIONS Conference with Real Property Negotiators pursuant to Government Code Section 54956.8 for price and terms for property located at APN No. 1000-011-20, commonly referred to as Tres Hermanos Ranch; Mark Hensley and Benjamin Montgomery, City Negotiators and Jay Greening, Rolling Ridge Ranch, Negotiator INITIATION OF LITIGATION Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation, one case Date: 08-13-2019 Item No.: 10 8/658 CLOSED SESSION RECESS Mayor Moran recessed the Closed Session at 6:40 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 BRIAN JOHSZ RAY MARQUEZ PETER ROGERS ABSENT: COUNCIL MEMBERS: NONE ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER MARK HENSLEY, CITY ATTORNEY CHERYL BALZ, CITY CLERK CHRISTA BUHAGIAR, FINANCE DIRECTOR DENISE CATTERN, PUBLIC INFORMATION OFFICER JESSICA CONTRERAS, DEPUTY CITY CLERK II BRANDON FONACIER, COMMUNITY RELATIONS ANALYST I JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR NADEEM MAJAJ, PUBLIC WORKS DIRECTOR JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR TIM SHACKELFORD, FIRE CHIEF, CHINO VALLEY FIRE DEPARTMENT 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 PRESENTATIONS CITY TILE:Mayor Moran presented a City Tile to Nadeem Majaj for his service as Director of Public Works/Engineering from April 16, 2012 to July 26, 2019 and thanked Mr. Majaj for his years of service. Mr. Majaj thanked the Council for the acknowledgement and the community he has served. RECOGNITION - JADEN GUTIERREZ Council Member Rogers recognized Jaden Gutierrez with certificates of recognition from the City Council, and on behalf of Supervisor Hagman, Assemblyman Chen, and Senator Chang for his heroic actions by dialing 911 to save his grandfather’s life while he was suffering a stroke. Pomona Valley Hospital (PVHMC) staff: Kimberly Jones, BSN, RN, Stroke Program Coordinator, Karen Tse-Chang, BSN, RN, Stroke Program Nurse Manager and Debbie Keasler, BSN, RN, MS, Director of Cardiovascular Services thanked Jaden Gutierrez for recognizing the symptoms of a stroke, BEFAST: Balance, Eyes, Face, Arm, Speech and Time; and presented him with a pin that is only received by 9/658 PVHMC Staff if they can get treatment to the patient within 30 minutes, which with Jayden’s quick action was accomplished. PROCLAMATION - NATIONAL NIGHT OUT Mayor Moran presented a Proclamation proclaiming August 6th as National Night Out to Chino Hills Emergency Services Analyst Christopher Eddy. Mr. Eddy thanked Council for the acknowledgement and provided information on National Night Out. PRESENTATION - CHINO VALLEY INDEPENDENT FIRE DISTRICT Chino Valley Independent Fire District Ryan Pourhassanian and team provided a demonstration on High Performance Cardiopulmonary Resuscitation (CPR). PUBLIC INFORMATION OFFICER REPORT Public Information Officer Cattern announced the following events: ∑Healthy Hills Walking Club Meetup on Saturday, July 13th at 7:30 a.m. at Grand Avenue Park, 1301 Grand Avenue, 2-mile walk. Future Walking Club Meetup is October 12th. ∑Chino Hills State Park Open House on Monday, July 22nd from 6:00 p.m. to 8:00 p.m. at the Discovery Center, 4500 Carbon Canyon Road, Brea. The State Park is seeking public input on the Chino Hills State Park Roads and Trails Management Plan. ∑City Council Meetings are dark on July 23rd and August 27th ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION City Attorney Hensley reported that Council unanimously voted to authorize the City Attorney’s office to file cross legal action against Vellano regarding the determination by the Court and injunctive relief to attempt to have the chain link fence removed from the golf course. PUBLIC COMMENTS Eric Reese, resident, asked for consideration that the City use porous reflective pavement as preferred roadway material to reduce pavement temperatures. Jane DeFrank, resident, spoke on weeds that need to be maintained at the Southern California Edison’s easement along English Road. Joann Genis, resident, thanked Public Works Director Majaj for his service to the City and the community and wished him the best on his retirement. Rob Ralston, resident, spoke in opposition to the proposed units at Los Serranos. Lee Guenveur, resident, thanked Public Works Director Majaj for his service to the City and the community, wished him the best on his retirement, and thanked Council Members Johsz and Rogers for legislative support at the City level. 10/658 Zeb Welborn, Executive Director of the Chamber of Commerce, invited the community to attend the 2019 Chino Valley Business Awards and Recognition Dinner to be held on July 18, 2019 at the Los Serranos Country Club. Magdi Demian, Organizer of Foothill Transit Line 497, spoke regarding the potential elimination of the Foothill Transit line and requested Council’s support of the Foothill Transit line and potentially attend the upcoming Public Hearing. Lorretta Creelman, resident, spoke in opposition to proposed units at Los Serranos and inquired about logistics of traffic. Kimberly Sollender, resident, spoke in opposition to the proposed units at Los Serranos. Community Development Services Director Lombardo commented that an application has been received by the City regarding proposed units at Los Serranos, notices will be sent out to residents within 300 feet of the proposed location as well as a City Manager Memo and an email to the newspaper to get the word out; and added that technical reviews needs to be completed before it goes to Planning Commission. CONFLICT OF INTEREST ANNOUNCEMENTS There were no conflict of interest announcements to record. CITY DEPARTMENT BUSINESS CONSENT CALENDAR Item No. 20, regarding Valle Vista Drive/Bayberry Drive Pavement Rehabilitation Project was pulled from the Consent Calendar for discussion and separate vote. Motion was made by Council Member Rogers and seconded by Council Member Marquez to approve the following Consent Calendar items: MINUTES The City Council approved the June 25, 2019, City Council Regular Meeting Minutes, as presented. CITY OFFICIAL REPORTS The City Council received and filed the City Official Reports pursuant to Travel, Training and Meetings Reimbursement Policy for the period of May 29 through June 25, 2019, as presented. WARRANT REGISTERS The City Council approved Warrant Registers and Wires over $25,000 totaling $2,014,431.13 for the period of June 13 through 26, 2019, as presented. 11/658 FINANCIAL REPORT The City Council received and filed the monthly Financial Report for month ended May 31, 2019, as presented. INVESTMENT REPORT The City Council received and filed the Investment Report for month ended May 31, 2019, as presented. AGREEMENT - GRANT MONITORING SERVICES The City Council authorized execution of a three year Agreement No. A2019-145 with two one-year renewal options with Blais and Associates, Inc., to provide grant monitoring services in an amount not-to-exceed $200,000 over the full term of the contract. PLANS AND SPECIFICATIONS - SADDLE REPLACEMENT - PHASE 2 PROJECT - RESOLUTION ADOPTED The City Council (1) adopted Resolution No. 2019R-044 of the City Council of the City of Chino Hills, California, Approving the Design and Plans for Construction of the Saddle Replacement - Phase 2 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 the California Environmental Quality Act of 1970, as amended, Public Resources Code Section 21000 et seq. ("CEQA") pursuant to Section 15301 of CEQA Guidelines. NOTICE OF COMPLETION - YORBA AVENUE AND LOS SERRANOS COUNTRY CLUB DRIVE PAVEMENT REHABILITATION PROJECT The City Council (1) approved Change Order No. 1 to Agreement No. A2019-034 with Onyx Paving Company, Inc., in the total credit amount of ($14,374.40); (2) accepted the Yorba Avenue and Los Serranos Country Club Drive Pavement Rehabilitation project by Onyx Paving Company, Inc., as complete; (3) authorized the City Clerk to cause the Notice of Completion to be recorded; (4) authorized the release of retention monies in the amount of $16,931.28, 45 days after acceptance of the work by the City Council; (5) authorized the release of any remaining encumbrance after final payment of retention; (6) reduced the amount of the Performance Bond down to 15 percent for warranty purposes for a period of one year; and (7) authorized the release of the Labor and Materials Bond seven months after project acceptance. AWARD BID - ROLLING RIDGE DRIVE PAVEMENT REHABILITATION PROJECT The CityCouncil (1) awarded bid and Agreement No. A2019-146 to All American Asphalt in the amount of $991,000 for the Rolling Ridge Drive Pavement Rehabilitation project; (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 (3) authorized the City Manager, at his discretion, to approve cumulative change orders up to 10 percent ($99,100) of the awarded contract amount. 12/658 AGREEMENT AMENDMENT - WATER QUALITY ANALYSES The City Council authorized execution of Amendment No. 2 to Agreement No. A2017-041 with Babcock Laboratories, Inc., for water quality analyses in the amount of $15,000, increasing the total agreement to an annual not-to-exceed amount of $50,000 and extending the term to February 22, 2022. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE DISCUSSION CALENDAR BID REJECTION - VALLE VISTA DRIVE/BAYBERRY DRIVE PAVEMENT REHABILITATION PROJECT Vice Mayor Bennett pulled this item from the Consent Calendar for discussion and separate vote. He requested an explanation for the public on why the bids were rejected. Public Works Director Majaj responded that due to the rainy season and a significant amount of projects, there was a delay in the project timeline pushing it into the school year. A decision was made to group this project with another project and start it next summer. Following discussion, a motion was made by Vice Mayor Bennett and seconded by Council Member Johsz to reject all bids for the Valle Vista Drive/Bayberry Drive Pavement Rehabilitation project. Motion carried as follows: AYES: COUNCIL MEMBERS: MORAN, BENNETT, JOHSZ, MARQUEZ, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE PUBLIC HEARING REPEAL PLANNED DEVELOPMENT ZONE - MUNICIPAL CODE AMENDMENT - GORDON RANCH - ORDINANCE INTRODUCED Associate Planner Brunetto briefed the Council on the staff report and gave a PowerPoint presentati on, which is on file in the City Clerk’s Office. Mayor Moran requested a simplified explanation for the administrative change. Associate Planner Brunetto responded that the zoning information as it stands is not readily 13/658 available to the residents. By eliminating the Planned Development Zone and incorporating the Land Uses for this area into the Municipal Code, residents will have access online versus having to physically come into City Hall to get information. Council Member Marquez asked if this change affects Accessory Dwelling units. Associate Planner Brunetto and Community Development Director Lombardo responded no but added that changes could be mandated by State. Vice Mayor Bennett asked if undeveloped lots in the area would be subject to further development. Associate Planner Brunetto responded that the lots are fully developed. 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 further discussion, a motion was made by Vice Mayor Bennett and seconded by Council Member Johsz to introduce an Ordinance entitled: An Ordinance of the City Council of the City of Chino Hills, California, Approving a Municipal Code Amendment to Repeal That Portion of the County of San Bernardino Ordinance Number 2910 That Adopted PD 24-145 - Gordon Ranch; to Amend Title 16 of the Chino Hills Municipal Code, Chapter 16.20 (Planned Development District); to Delete References to PD 24-145 - Gordon Ranch and PD 57-171 (Rhoades/Hunters Hill) Which Was Previously Repealed Pursuant to Ordinance No. 320, § 4, 11-28-2017; to Amend Chapter 16.10 (Residential Districts) to add Residential Land Use Districts R-S-2 Through R-S-8, RM 2.1 and RM 2.2; to Amend Appendix E (Individual Lot Setback Information for Single-Family Zoning Districts) of the Chino Hills Municipal Code to Add the Single-Family Residential Lots Formerly Within the Gordon Ranch PD: and to Approve a Zone Change to Amend the City of Chino Hills Zoning Map to Reflect the New Residential Land Use Categories and to Change the Land Use Designations of Institutional Open Space and Commercial Properties From PD 24-145 - Gordon Ranch to Designations Consistent With Their Respective General Plan Land Use Map Designations, and Determining the Ordinance is Exempt From Review Under the California Environmental Quality Act (Municipal Code Amendment No. 18MCA06 and Zone Change No. 19ZC01) -For first reading by title only and waive further reading. 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 provided an update on 4th of July activity and reported that there were 36 firework related calls; encouraged residents interested to serve as a highly trained volunteer for the Citizens on Patrol to apply by sending an email to copcommander@gmail.com; announced a Community Safety Meeting, Session 4: Youth Safety, to be held on Thursday, August 8th from 6:00 p.m. to 8:00 p.m. at the McCoy 14/658 Equestrian and Recreation Center, noted that to reserve a space for free childcare ages 4-12 you must email the names and ages to HealthyHills@chinohills.org; and announced Your Business Matters, Active Shooter Workshop on August 15th at the McCoy Equestrian and Recreation Center from 6:00 p.m. to 8:00 p.m. Fire: Fire Chief Shackelford thanked Council Members and City staff for attending the badge pinning event on June 26th, thanked the community for celebrating 4th of July safely, added there were no fires in Chino Hills related to fireworks; and announced the Board of Directors meeting on July 10, 2019. Council Member Marquez asked how many new Firefighters have been hired since becoming the Fire Chief and Fire Chief Shackelford responded 60 to 65 within the last 5 years. Mayor Moran thanked the Fire Chief on behalf of herself and the community for the great work on the fire by Hunters Hill. COUNCIL REPORTS CHINO HILLS COMMUNITY FOUNDATION Mayor Moran attended the Chino Hills Community Foundation Meeting and announced that on August 24th at 6:00 p.m. the Scotty Mac Band will perform country music. Doors open at 5:00 p.m. at the Community Center, 14250 Peyton Drive. Tickets are $10 (12 and under are free) at www.chinohillscharts.com,and that the Chino Hills Wine Walk will be held on October 12th. CHINO HILLS LEGISLATIVE ADVOCACY COMMITTEE Mayor Moran informed the community Council Member Johsz will be providing updates on bills that the City supports and opposes. Council Member Johsz attended the Chino Hills Legislative Advocacy Committee (LAC) meeting and spoke on the City’s push for local control; the five bills the City has opposed deal with housing; and reminded residents to read and keep an eye out for agendas of upcoming LAC meetings. WATER FACILITIES AUTHORITY Council Member Rogers attended the Water Facilities Authority special meeting to approve change items including funds spent due to a crack in the operation facility and noted that the repairs are almost complete. COUNCIL COMMENTS Rogers: Council Member Rogers spoke on the meeting with Caltrans and stated they discussed State Routes 142 and 71, off-ramps, and the installation of a permanent warning system of flashing signalization near Pine Avenue. Lastly, he thanked Public Works Director Majaj for his professional service to the City and the community and wished him the best on his retirement. Bennett: Vice Mayor Bennett thanked Public Works Director Majaj for his service to the City and the community and wished him the best on his retirement. He reminded residents about participating in the National Night Out event on August 6, 2019. Johsz: Council Member Johsz thanked staff for setting up the teleconference call for the last Council Meeting while he was on vacation in Oregon. He thanked the Chino Valley Independent Fire District for taking care of the fire while he was out of the town and spoke 15/658 on earthquake preparedness. He commended staff for the success of the City Independence celebration. Lastly, he thanked Public Works Director Majaj for his service to the City and the community and wished him the best on his retirement. Marquez:Council Member Marquez thanked Public Works Director Majaj for his service to the City and the community and wished him the best on his retirement. He reminded residents about earthquake preparedness. Moran: Mayor Moran thanked staff for the success of the City Independence celebration and requested additional information on the effects of the 4th of July on Inland Valley Humane Society. City Manager Montgomery responded that 14 animals were picked up and 8 animals passed away. She discussed the successful Caltrans meeting and thanked staff for their attendance. Lastly, she thanked Public Works Director Majaj for his service to the City and the community and wished him the best on his retirement. ADJOURN IN MEMORIAM AND IN HOPE Mayor Moran adjourned the meeting at 8:56 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, CHERYL BALZ, CITY CLERK APPROVED: 16/658