A G E N D AA G E N D A
CHINO HILLS CITY COUNCIL
REGULAR MEETING
TUESDAY, SEPTEMBER 13, 2022
5:30 P.M. CLOSED SESSION
7:00 P.M. PUBLIC MEETING
CIVIC CENTER, CITY COUNCIL CHAMBERS
14000 CITY CENTER DRIVE, CHINO HILLS, CALIFORNIA
This agenda contains a brief general description of each item to be considered. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda unless the City Council makes a determination that an emergency exists or that a need to take immediate action on the item came to the attention of the City subsequent to the posting of the agenda. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection in the Office of the City Clerk, in the public binder located at the entrance to the Council Chambers while the meeting is in session, and on the City's website at www.chinohills.org/Agendas. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Office of the City Clerk at 14000 City Center Drive, Chino Hills, CA during normal business hours.
Speaker Cards - Those persons wishing to address the City Council on any matter, whether or not it appears on the agenda, are requested to complete and submit to the City Clerk a "Request to Speak" card available at the entrance to the City Council Chambers. In accordance with the Public Records Act, any information you provide on this form is available to the public. You are not required toYou are not required to provide personal information in order to speak, except to the extent necessary for the Cityprovide personal information in order to speak, except to the extent necessary for the City Clerk to call upon you. Clerk to call upon you. Comments will be limited to three minutes per speaker.
Emails and documents submitted will be considered a public document subject to posting on the City's website and are subject to the Public Records Act.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in the Council meeting, please contact the City Clerk's Office, (909) 364-2620, at least 48 hours prior to the meeting to enable the City to make reasonable arrangements.
PLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. ThankPLEASE SILENCE ALL ELECTRONIC DEVICES WHILE COUNCIL IS IN SESSION. Thank you. you.
CITY COUNCIL MEMBERS
RAY MARQUEZ, MAYOR
PETER J. ROGERS, VICE MAYOR
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
BENJAMIN MONTGOMERY MARK D. HENSLEY CHERYL BALZ
CITY MANAGER CITY ATTORNEY CITY CLERK
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5:30 P.M. - CALL TO ORDER / ROLL CALL5:30 P.M. - CALL TO ORDER / ROLL CALL
1.PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items appearing on the Closed Session agenda. Those persons wishing to address the City Council are requested to complete and submit to the City Clerk a "Request to Speak" card available at the entrance to the City Council Chambers. Comments will be limited to three minutes per speaker.
RECESS INTO CLOSED SESSIONRECESS INTO CLOSED SESSION
CLOSED SESSION
2.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. CIVDS 2024219
3.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(2) Threat of Litigation, one potential case
4.Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation (1 case)
5.LIABILITY CLAIMS
a. Ernesto Valdivieso, an individual v. Angie Nixon, Computer Service Company, City of Chino Hills, a public entity, and Does 1 to 50, inclusive - San Bernardino County Superior Court Case No. CIVDS 1913058
b. Ashley Bautista, an incompetent, by and through her Guardian ad Litem, John Bautista v. City of Chino Hills, a public entity, and Does 1 to 50, inclusive - San Bernardino County Superior Court Case No. CIVSB 2103831
c. Guillermo E. Romani, an individual v. State of California; County of San Bernardino, a California public entity; City of Chino Hills, a California municipal entity; and Does 1 through 50, inclusive - San Bernardino County Superior Court Case No. CIVSB 2207412
d. Joshua Poli, an individual v. City of Chino Hills, a public entity, and Does 1 to 30, inclusive - San Bernardino County Superior Court Case No. CIVSB 2215339
7:00 P.M. - CONVENE MEETING / ROLL CALL7:00 P.M. - CONVENE MEETING / ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
INVOCATION: Chaplain Ruben Estrada, Chino Valley Independent Fire District
PRESENTATIONS
6.PRESENTATION - Presentation of City Tile to Chris Bond for her service as Administrative Assistant II from January 13, 2005 to September 22, 2022
7.RECOGNITION - Presentation of Certificate of Recognition for Stacy Gillespie,, Assistant Principal's Secretary at Ruben S. Ayala High School, as the 2022 San Bernardino County Classified School Employee of the Year 2/3632
8.RECOGNITION - Presentation of Certificates of Recognition to Chino Hills Girls Softball 8U - the Gold All State Northern District Champions
9.RECOGNITION - Presentation of Certificates of Recognition to Chino Hills Girls Softball 10U - the Fastpitch Silver All Star Team Northern District Champions
10.PROCLAMATION - Proclaiming September as National Emergency Preparedness Month
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
11.PUBLIC COMMENTS: At this time members of the public may address the City Council regarding any items within the subject matter jurisdiction of the Council, whether or not the item appears on the agenda, except testimony on Public Hearing items must be provided during those hearings. Please complete and submit to the City Clerk a "Request to Speak" card. Comments will be limited to three minutes per speaker.
CONFLICT OF INTEREST ANNOUNCEMENTS: Council Member abstentions shall be stated at this time for recordation on the appropriate item.
CITY DEPARTMENT BUSINESSCITY DEPARTMENT BUSINESS
CONSENT CALENDAR (15 ITEMS) -CONSENT CALENDAR (15 ITEMS) - All matters listed on the Consent Calendar are considered routine by the City Council and may be enacted by one motion in the form listed below. There will be no separate discussion of these items unless, before the City Council votes on the motion to adopt, Members of the City Council or staff request the matter to be removed from the Consent Calendar for separate action. Removed consent items will be discussed immediately after the adoption of the balance of the Consent Calendar.
12.Approve August 9 and 16, 2022, City Council Regular and Special Meeting Minutes, respectively
13.Receive and file City Official Report for period of August 9 through September 12, 2022
14.Ratify payments over $25,000 totaling $6,106,102.01 for month ended July 31, 2022
15.Receive and file Monthly Financial Report for month ended July 31, 2022
16.Receive and file Investment Report for month ended July 31, 2022
17.Adopt Ordinance entitled: "An Ordinance of the City of Chino Hills, Adding Chapter
9.10 to Title 9 of the Chino Hills Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City and Finding That This Ordinance is Exempt From Review Under the California Environmental Quality Act" - Second Reading (Introduced August 9, 2022)
18.Authorize recordation of Quitclaim Deed from New Cingular Wireless PCS, LLC to City of Chino Hills for sole purpose of terminating easement in City's real property used for access and utility purposes for construction, installation, operation, maintenance, and repair of utility facilities appurtenant to leased site and release Lease Agreement Bond for wireless communications facility located at 14660 Lost Trail Drive
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19.Adopt resolution continuing existence of local emergency and find resolution is exempt from review under California Environmental Quality Act
20.Authorize execution of Amendment No. 1 to Agreement A2021-056 with Moore Iacofano Goltsman, Inc., increasing total compensation not-to-exceed amount to $105,237 for preparation of California Environmental Quality Act documentation for Costco gas station relocation and expansion, carwash, and warehouse expansion project
21.Adopt budget amendment resolution for Fiscal Year 2022-23 increasing budget in various funds by $39,956.25 for write-off of uncollectible accounts and authorize write-off of $39,956.25 in uncollectible utility accounts receivable incurred prior to July 1, 2021
22.Find that cooperative purchasing exception to competitive bidding procedures under Chino Hills Municipal Code (CHMC) Section 3.16.110.E applies because Deere and Company and New Holland Construction have existing contracts through Sourcewell and procurement process achieves same objectives as CHMC Chapter 3.16 - Purchasing System; waive requirement in CHMC Section 3.16.110.E that Sourcewell and New Holland Construction's bids be made within last 36 months; and authorize issuance of purchase orders in amount of $82,855.69 to Deere and Company utilizing Cooperative Purchase Contract No. 110719-JDC for purchase of replacement John Deere cab tractor and in amount of $155,937.14 to New Holland Construction utilizing Cooperative Purchase Contract #032119-CNH for purchase of replacement case backhoe
23.Adopt resolution adopting Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2023-24 through 2027-28 to include Valley Arterial Sub-program: The Pine Avenue Extension Project and Soquel Canyon Parkway/Peyton Drive Connection Project
24.Accept Chino Avenue Pavement Rehabilitation Project by R.J. Noble Company as complete and authorize City Clerk to record Notice of Completion
25.Award contract to Gentry Brothers, Inc., in amount of $320,931 and authorize City Manager to approve cumulative change orders up to ten percent, or $32,093.10, of awarded contract amount for Woodview Road Pavement Rehabilitation Project
26.Receive and file City of Chino Hills' 2021 Pavement Management System (PMS) Report
DISCUSSION CALENDAR -DISCUSSION CALENDAR - This portion of the City Council Agenda is for all matters where staff and public participation is anticipated. Please complete and submit a speaker card to the City Clerk. Comments will be limited to three minutes per speaker.
27.Review and file update for emergency repairs at Well 15 and determine by four-fifths vote the need to continue emergency repairs at Well 15 until action is terminated
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PLANNING COMMISSION MATTERS -PLANNING COMMISSION MATTERS - This portion of the City Council Agenda is for matters from the September 6, 2022, Planning Commission Meeting. No action is required unless two members of the City Council wish to request a review of the matter, in accordance with Section 16.58.070 of the Chino Hills Municipal Code. Expiration of the public appeal period on Planning Commission Item 7a is September 20, 2022, 5:30 p.m.
28.Tentative Tract Map 20317 and Tract Home Design Review 474 - Shady View Residential Project - TH Shady View LLC, applicant: The Planning Commission adopted resolutions to (1) certify Environmental Impact Report, adopt Findings of Fact and Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program under the California Environmental Quality Act; and (2) approve Tentative Tract Map 20317, Conditional Use Permit 19CUP06, and Tract Home Design Review 474 for development of 159 single-family residential homes and demolition and relocation of oil storage facilities with total capacity of 1,250 barrels for the Shady View Residential Project on 130 acres located at the southern termini of Shady View Drive and Via La Cresta
PUBLIC INFORMATION OFFICER REPORT
SAFETY UPDATES - Police and FireSAFETY UPDATES - Police and Fire
COUNCIL REPORTSCOUNCIL REPORTS
Mayor MarquezMayor Marquez
Cal Cities (League of California Cities)
Latino Caucus Board
Inland Empire Division Meeting
San Bernardino County Transportation Authority
Board of Directors
Transit Committee
Metro Valley Study Session
Southern California Association of Governments
Legislative Communications and Membership Committee
Regional Council
Transportation Policy Committee
Southern California Regional Rail Authority (Metrolink) Contracts, Operations, Maintenance, Safety Committee
Vice Mayor RogersVice Mayor Rogers
Chino Hills Community Foundation Board
Tres Hermanos Conservation Authority Board
Council Member BennettCouncil Member Bennett
Chino Valley Independent Fire District Board
Council Member JohszCouncil Member Johsz
West Valley Mosquito and Vector Control District Board
Council Member MoranCouncil Member Moran
Chino Valley Unified School District Board
Omnitrans Board
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COUNCIL COMMENTSCOUNCIL COMMENTS
ADJOURN IN MEMORIAM AND IN HOPE: ADJOURN IN MEMORIAM AND IN HOPE: Adjourn 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.
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CITY OF CHINO HILLS
CITY COUNCIL
DECLARATION OF POSTING NOTICE
Wendi Gensel states and declares as follows:
I hereby certify under penalty of perjury under the laws of the State of California, that I posted the Agenda of the City Council for the meeting scheduled for September 13, 2022, next to the Council Chambers, 14000 City Center Drive, Chino Hills, California, not less than 72 hours prior to the meeting.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on September 8, 2022, at Chino Hills, California.
CITY OF CHINO HILLS
Wendi G n e
Deputy City Clerk 11