2022-062
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
MARCH 22, 2022
REGULAR MEETING
Mayor Marquez called the Closed Session to order 6:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: RAY MARQUEZ
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
ABSENT: COUNCIL MEMBERS: NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Marquez declared the meeting recessed at 6:00 p.m. for Closed Session.
City Clerk Balz did not attend this portion of the meeting.
EXISTING LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(1) Existing Litigation - City of Chino Hills v. The Dow Chemical Company et. al. - Case No. CIVDS2024219
CLOSED SESSION RECESS
Mayor Marquez recessed the Closed Session at 6:40 p.m.
CONVENE MEETING AND ROLL CALL
Mayor Marquez called the meeting to order at 7:00 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS: RAY MARQUEZ
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
CHINO HILLS CITY COUNCIL 2022-063
REGULAR MEETING MARCH 22, 2022
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
ELIZABETH CALCIANO, ASSISTANT CITY ATTORNEY
CHERYL BALZ, CITY CLERK
JEREMY AULT, DEPUTY FIRE CHIEF, CHINO VALLEY FIRE
DEPARTMENT
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
CHRISTA BUHAGIAR, FINANCE DIRECTOR
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST I
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
GARTH GOODELL, CHIEF OF POLICE, CHINO HILLS
ROD HILL, ASSISTANT CITY MANAGER
JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR
JONATHAN MARSHALL, COMMUNITY SERVICES DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by resident and Chino Hills 55+ Club Veterans Group Member, George DeFrank.
INVOCATION
Led by Peter Chung, Elder, Good Shepherd Presbyterian Church.
PRESENTATIONS
INTRODUCTION - NEW CHINO VALLEY INDEPENDENT FIRE DISTRICT
FIREFIGHTERS/PARAMEDICS
Mayor Marquez and Deputy Fire Chief Ault introduced the following new Chino Valley Independent Fire District's Lateral Firefighters/Paramedics: Jordan Cope, Ethan Drozd, Greg Griffin, Roger Luna, Chris McGovern, and Joshua Samuels.
PROCLAMATION - NATIONAL VIETNAM WAR VETERANS DAY
Mayor Marquez presented a Proclamation proclaiming April 5th as National Vietnam War Veterans Day to Ronnie Guyer, the Chino Hills 55+ Club Veterans Group, and Council Member Bennett.
Ronnie Guyer spoke on behalf of all the Veterans and thanked Council for the recognition.
CITY TILE - MARY GRUNDER
Mayor Marquez presented a City Tile on behalf of the City and Certificates of Recognition on behalf of Congresswoman Kim, Senator Newman (to be mailed), Assemblyman Chen, and Supervisor Hagman to Mary Grunder for her years of service as a Management Analyst II from July 10, 1989, to March 25, 2022. Mary thanked Council for the recognition and spoke about her length of service with the City and her gratitude toward her fellow colleagues and the community throughout the years.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
There was no reportable action taken in Closed Session.
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PUBLIC COMMENTS
Martin Perez, resident, expressed his displeasure with the newly installed telephone poles along the east and west ends of Chino Hills Parkway, and asked the City to address the issue.
Ronnie Guyer, resident, congratulated Mary Grunder on her retirement and spoke about her work ethic and gratitude toward the City.
Jim Gallagher, resident, announced the Chamber of Commerce Government Affairs "Pizza and Politics" luncheon at the Chino Hills Community Center on March 24, 2022, to discuss how legislative bills are developed.
CONFLICT OF INTEREST ANNOUNCEMENTS
There was no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR
Mayor Marquez announced the Consent Calendar items and asked Council if there were any items to pull.
Hearing none, a motion was made by Council Member Bennett and seconded by Vice Mayor Rogers to approve the following Consent Calendar items:
MINUTES
The City Council approved the March 8, 2022, City Council Regular Meeting Minutes, as amended.
PAYMENT REGISTERS
The City Council ratified payments over$25,000 totaling $8,129,686.39 for month ended February 28, 2022, as presented.
INVESTMENT REPORT
The City Council received and filed the monthly Investment Report for month ended February 28, 2022, as presented.
REVISED FISCAL YEAR 2021-22 RECORDS RETENTION SCHEDULE -
RESOLUTION ADOPTED
The City Council (1) ratified the Chino Hills Retention Schedule Fiscal Year 2021-22 approved on August 24, 2021, pursuant to provisions in Resolution No. 2017R-035; and (2) adopted Resolution No. 2022R-022 of the City of Chino Hills, Adopting a Records Retention Schedule, Authorizing Destruction of Certain City Records and Repealing Resolution No. 2017R-035.
AGREEMENT AMENDMENT - CONTRACT SENIOR PLANNER
The City Council (1) authorized the execution of Amendment No. 5 to Agreement No. A2016-114 with Michael Baker International, Inc., increasing the annual not-to- exceed amount from $310,000 to $319,600 for Fiscal Year 2023-24, and extended the
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term to June 30, 2023, with one additional one-year renewal option for contract Senior Planner services.
AGREEMENT AMENDMENT - TRAFFIC IMPACT STUDY REVISIONS - CHINO HILLS
BIZ PARK PROJECT
The City Council authorized the execution of Amendment No. 2 to Agreement No. A2019-229 with LG2WB Engineers, Inc. (LLG), increasing the total not-to-exceed amount from $91,225 to $111,575 for revisions to the traffic impact report for the Chino Hills Biz Park project (office, commercial and warehouse uses) located generally at southeast corner of Soquel Canyon Parkway and Pomona Rincon Road, and extending the agreement term to June 30, 2024.
PLANS AND SPECIFICATIONS - FISCAL YEAR 2021-22 STREET IMPROVEMENT
PROGRAM
The City Council (1) adopted Resolution No. 2022R-023 of the City of Chino Hills, Approving the Design and Plans for Construction of the FY 2021-22 Street Improvement Program Pursuant to Government Code Section 830.6 encompassing eight miles of public roadway at Morningfield Drive et al., Champion Area, Paseo Del Palacio, et al., Paseo Grande, et al., and Vista Del Norte areas; (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.
AGREEMENT AMENDMENT - SERVICE AND REPAIR - CATEPILLAR EQUIPMENT The City Council authorized the execution of Amendment No. 1 to Agreement No. A2018-128 with Quinn Company, increasing the annual not-to-exceed amount from $50,000 to $80,000 for service and repair of Caterpillar equipment used for daily and emergency work in the Public Works Department.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ, MORAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
DISCUSSION CALENDAR ITEM
CITY COUNCIL ELECTORAL DISTRICT MAP SELECTION - ORDINANCE
INTRODUCTION
City Manager Montgomery provided a PowerPoint presentation and briefed the Council on the report, which is on file in the City Clerk's Office. He spoke about the redistricting II
process, rules, and goals, discussed the revised draft maps 201 and 204, and the election sequencing.
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City Clerk Balz announced that there were Chinese and Spanish interpretation services available in the Community Room located in the back of the Council Chambers for any member of the public requiring interpretation services, and she inquired if anyone required translation services. She introduced Andres Marquez, Reliable Translations Spanish Interpreter and Felix (Wen Hao) Zhang, Cantonese and Mandarin Interpreter who repeated the announcement in their respective languages.
Lee Guenveur, resident, spoke about Map 201, shared his concerns that the Alterra tract of homes seemed to be split between districts four and five, and suggested grouping the tract of homes together into one district.
Council Member Johsz said that he appreciated all the public input and comments pertaining to the maps, and thanked Mr. Vaka for his input. He stated that he is leaning toward Map 204.
Council Member Rogers said that he was in favor of Map 204 because it is similar to the current districts, with some growth in districts four and five.
Council Member Moran said that she was also in favor of Map 204 and inquired about residency requirements. She specifically asked if we could impose by Ordinance the requirement to live within a district for a certain amount of time. Assistant City Attorney Calciano replied that she would look up the answer and does not know how it will affect the approval of the City ordinance, but that staff could bring back an amendment to the ordinance in the future to this section. City Clerk Balz stated that the map and ordinance go hand and hand and would have to be approved together.
Council Member Bennett stated that he was in favor of Map 204 from the beginning.
Mayor Marquez stated that every ten years the City must redraw district lines when the census is updated and said that the neighborhoods are not always going to be perfect or lumped together. Council Member Moran stated mainly because the census block cannot be split. Mr. Simonet answered affirmatively, it is hard to determine how to split population and that we would have to guess from the official data.
Assistant City Attorney Calciano answered the question posed earlier regarding living in a district for a period of time and said that it is not legal to impose a residency requirement.
Following discussion, a motion was made by Council Member Bennett and seconded by Vice Mayor Rogers to (1) select Map 204 to be included in the Ordinance to adopt new district boundaries for the Chino Hills City Council; and (2) introduced an Ordinance
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entitled: An Ordinance of the City of Chino Hills, Amending Chapter 1.14 and Adopting a New, Revised City Council Electoral District Map, by title only and waive further reading.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ, MORAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
PUBLIC INFORMATION OFFICER REPORT
Public Information Officer(PIO) Freeman announced the following information:
COVID-19 VACCINE & TESTING
• County vaccine and testing events continue to occur at the McCoy Equestrian & Recreation Center every Tuesday and Wednesdays of each month • More information on dates and appointments are available online at:
www.sbcovid19.com
RECREATION & CITY NEWS
• The California Department of Food and Agriculture, which has oversight over equine events, has issued an Equine Health Alert due to the spread of equine disease within California
• McCoy Equestrian & Recreation Center Arenas Closed until March 31, 2022 • Free mulch, compost, and wood chips will be given away on Saturday, April 2, 2022, at 7:30 a.m. while supplies last and the Shoppes overflow parking lot • Residents must bring their own shovel and container or bags and there is a limit of 60 gallons per participant
• Proof of Chino Hills residency in the form of a driver's license or utility bill required, visit www.chinohills.org/FreeMulch for more information • Normal Utility Payment and Disconnection Policies Resume April 4, 2022 • If you do not have an overdue balance on your utility account, you are not affected and there is no change to your service
• If you have an overdue balance on your account, you will be mailed a Shut-Off Notice to the service address that will provide the overdue balance and will specify the last day to make a payment to avoid water shutoff
• For questions, please contact Utility Billing Customer Service or learn more about financial assistance resources at www.chinohills.org/COVIDResources SAFETY UPDATES - Police and Fire
Fire: Deputy Fire Chief Ault stated that the Chino Valley Independent Fire District completed the recruitment for new Human Resources and Finance Director positions, and that the two highly qualified individuals selected are going through the background process. He said that the six new lateral firefighters/paramedics that were introduced
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tonight will finish their orientation academy this week. Deputy Fire Chief Ault said that the Fire District will begin another recruitment process for additional firefighters. He said that Chief Williams attended the pop-up City Hall over the weekend and thanked City staff for the invitation to attend. He said that the Fire District entered into a contract with an architecture firm, PBK, to begin the design process for Fire Station 68. Mayor Marquez inquired about where the location will be for the new fire station. Deputy Fire Chief Ault stated it will be located at a lot near the intersection of Soquel Canyon and Pipeline Avenue in Chino Hills. He said that the District will continue to staff one paramedic ambulance 24 hours a day, seven days a week to provide that level of service. Lastly, he said that since July 3, 2021, the Fire District responded to just under 5,000 ambulance calls and transported over 2,000 members of the public to the hospital.
Police: Police Chief Goodell stated that the Police Department conducted a Driver Under the Influence (DUI)operation on St. Patrick's Day, and arrested four people driving under the influence, one with a suspended license, and issued 13 citations for traffic violations.
He said at the beginning of April, the San Bernardino County Probation Department will assign a Probation Officer to the Chino Hills station to assist with probation compliance checks twice a month within the City. Lastly, he thanked all the patrol deputies and the detective bureau for working on a critical case of a missing adult, Silver Alert, which the missing subject was located in South Gate, approximately ten hours after he was reported missing.
COUNCIL REPORTS
Mayor Marquez
• SAN BERNARDINO COUNTY OF TRANSPORTATION AUTHORITY BOARD o GENERAL POLICY COMMITTEE
Mayor Marquez attended the San Bernardino County Transportation Authority - General Policy Committee meeting and spoke about the increasing the San Bernardino Associated Governments (COG) fee to all the partnering cities, by$8,000 for over the course of three years, and voted on a Local Agency Formation Commission (LAFCO) representative, Phill Dupper from Loma Linda, and the Assistant representative is Rick Denison from Yucca Valley.
o TRANSIT COMMITTEE
Mayor Marquez attended the San Bernardino County Transportation Authority - Transit Committee meeting and stated that the Committee amended an agreement with Omnitrans for a Vanpool Program and received updates regarding the Rancho Cucamonga tunnel to the Ontario International Airport.
• SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
o LEGISLATIVE / COMMUNICATIONS AND MEMBERSHIP COMMITTEE Mayor Marquez attended the Southern California Association of Governments Legislative / Communications and Membership Committee and stated that the Committee took positions on Senate Bill 942 (Newman)
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Low Carbon Transit Operation Program fuels to be used to lower fares for transit, and supported SB 3649 (Padilla) Transportation Equity Act to provide better funding for unfunded transportation, and supported Assembly Bills 1944 and 244 to reform the Brown Act.
Vice Mayor Rogers
• CHINO HILLS COMMUNITY FOUNDATION BOARD
Vice Mayor Rogers attended the Chino Hills Community Foundation Board meeting and that the Board approved a $100,000 donation for amenity improvements in the City of Chino Hills. He said that the Board approved $50,000 toward a new Show Wagon, as well as $50,000 to fund a new Recreation van. He said that the Board is seeking bids for an inclusive park at Crossroads Park located at the entrance of Carbon Canyon to put in new inclusive playground equipment for children with disabilities. Vice Mayor Rogers said that the Board is teaming up with Ayala Project Unity and that this group would like to co-sponsor an event with the Foundation on April 29th at the Chino Hills Community Gazebo which will include three hours of dancing and music. He said that the Board reviewed their 2022-23 budget and will vote on it at the May meeting. He announced that that an upcoming volunteer reception will occur for those who volunteered in the community, and lastly, he spoke about the upcoming concert series with Lynn Fiddmont.
• TRES HERMANOS JOINT POWERS AUTHORITY BOARD
Vice Mayor Rogers attended the Tres Hermanos Joint Powers Authority Board meeting along with Mayor Marquez and said that the Board reviewed and approved the 2022-23 budget. He said that the Board talked about the website and that it will soon be launched for the public to view. • WATER FACILITIES AUTHORITY BOARD
Vice Mayor Rogers attended the Water Facilities Authority Board meeting and said that the Board conducted a preliminary review of the proposed budget for 2022-23 and spoke about ongoing projects.
Council Member Bennett
• CHINO VALLEY CHAMBER OF COMMERCE BOARD
Council Member Bennett stated that he did not attend the Chino Valley Chamber of Commerce Board meeting, however, that he went by the Chamber office to view the renovations with the Chamber President Welborn. He said congratulated Mr.
Welborn for receiving a prestigious nationwide Chamber award that involved 20 other Chambers.
• CHINO VALLEY INDEPENDENT FIRE DISTRICT BOARD
Council Member Bennett attended the Chino Valley Independent Fire District Board meeting and said that the Board met the six new firefighters/paramedics that were introduced at tonight's Council meeting and spoke about several service
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awards and promotions within the Fire District. He recognized Fire Board President Mike Kreeger and Direction Sarah Ramos-Evinger in the audience.
Council Member Johsz
• LEGISLATIVE ADVOCACY COMMITTEE
Council Member Johsz attended the Legislative Advocacy Committee meeting and said that the Committee received Federal and State budget updates from the City's lobbyists. He stated that the City submitted three earmark requests and that one of the requests pertaining to Citywide Fuel Reduction was selected by two Senators and the City's Congress representative to receive Federal funding.
Lastly, he said that the committee discussed loud vehicles, which is a statewide issue, and that an Assembly member from Huntington Beach will push forward a bill.
• WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD Council Member Johsz attended the West Valley Mosquito and Vector Control District Board meeting and that the Board met in Closed Session to discuss the annual review of the Executive Directors.
COUNCIL COMMENTS
Bennett: Council Member Bennett inquired with staff if the City could lease or rent its current show wagon or find a market to sell it to offset the price of a new one. Community Services Director Marshall stated once it leaves the City it will not be taken care of properly but will investigate the request. Council Member Bennett stated that this Thursday, March 24th will be the swearing in of Fire Chief Williams. He said a special event will take place on Tuesday, March 29th for National Vietnam War Veterans Day, and that there will be an exchange of keys for the Fire District property on the same day.
Lastly, he announced that tomorrow will be a recognition luncheon for public safety, and thanked police and fire personnel for all that they do to keep the City safe.
Moran: Council Member Moran congratulated Mary Grunder on her well-deserved retirement. She commended staff for an eventful pop-up City Hall. Lastly, she thanked the Chino Valley Independent Fire District for the giving her a ride along with them over the past weekend.
Rogers: Vice Mayor Rogers spoke about water conservation and encouraged everyone to begin to conserve water now, as the Stage III alert is forthcoming.
Johsz: Council Member Johsz encouraged the public to view the City's website pertaining to water conservation. He thanked the Fire District for their St. Patrick's Day event at Limericks and that it was great to see the bagpipers and drum corps. He inquired about the increase of fees at Big League Dreams. City Manager Montgomery replied that Big League Dreams contract allows them to set their own rates and to maintain the park.
He said that the City is in process of a new agreement with Big League Dreams which
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will be newly operated and will most likely change. He said that the City must give them latitude to set the pricing to stay in line with the market rates.
Marquez: Mayor Marquez thanked the police department for their services in assisting with a minor traffic collision. He said that along with Vice Mayor Rogers that he met with Senator Newman and Assemblyman Chen and spoke about grant monies and legislation.
Mayor Marquez thanked City Manager Montgomery about the L&L discussion and said it was very informative. He said that he spoke with the Chino Valley Real Estate Professionals recently and discussed housing, accessory dwelling units, Senate Bill 9, Regional Housing Needs Allocation (RHNA) process, and traffic. Lastly, he thanked City staff for hosting pop-up City Hall.
ADJOURN IN MEMORIAM
Mayor Marquez asked Council Member Bennett to adjourn the meeting. Following the request, Council Member Bennett adjourned the meeting at 8:19 p.m. in memory of Ed Denzin, a United States Marine Corps Veteran and Chino Hills resident, who passed away on March 16, 2022, at the age of 71.
Respectfully submitted,
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CHERY A , CITY CLERK
APPROVED: April 12, 2022