2022-222
MINUTES
CITY COUNCIL
CITY OF CHINO HILLS
OCTOBER 25, 2022
REGULAR MEETING
Mayor Marquez called the Closed Session to order 5:30 p.m. and requested City Clerk Balz to call roll.
PRESENT: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
RAY MARQUEZ
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
I rel 10Td
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK HENSLEY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
PUBLIC COMMENTS
There were no public comments.
RECESS TO CLOSED SESSION
Mayor Marquez declared the meeting recessed at 5:30 p.m. for Closed Session.
City Clerk Balz did not attend this portion of the meeting.
LIABILITY CLAIMS
a. 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 b. 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
C. 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
INITIATION OF LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9(d)(4) Initiation of Litigation (2 cases).
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SIGNIFICANT EXPOSURE TO LITIGATION
Conference with Legal Counsel pursuant to Government Code Section 54956.9 (d)(2) Significant Exposure to Litigation (1 case).
CLOSED SESSION RECESS
Mayor Marquez recessed the Closed Session at 6:45 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
ABSENT: COUNCIL MEMBERS:
RAY MARQUEZ
PETER ROGERS
ART BENNETT
BRIAN JOHSZ
CYNTHIA MORAN
NONE
ALSO PRESENT: BENJAMIN MONTGOMERY, CITY MANAGER
MARK HENSELY, CITY ATTORNEY
CHERYL BALZ, CITY CLERK
MELISSA ARMIT, SENIOR COMMUNITY SERVICES
SUPERVISOR
JEREMY AULT, DEPUTY FIRE CHIEF, CHINO VALLEY FIRE
DISTRICT
DANIEL BOBADILLA, PUBLIC WORKS DIRECTOR
LIZ CARLOCK, FINANCE MANAGER
BRANDON FONACIER, COMMUNITY RELATIONS ANALYST II
NICOLE FREEMAN, PUBLIC INFORMATION OFFICER
GARTH GOODELL, CHIEF OF POLICE, CHINO HILLS
ROD HILL, ASSISTANT CITY MANAGER
JOANN LOMBARDO, COMMUNITY DEVELOPMET DIRECTOR
LYNNAE SISEMORE, ASSISTANT CITY CLERK
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by member of the audience named Steve.
INVOCATON
Lett by Pastor Lin Wells, Calvary Chapel.
PRESENTATIONS
PROCLAMATION - RED RIBBON WEEK [7:02:40]
Mayor Marquez presented a Proclamation proclaiming October 23-31, 2022, as Red Ribbon Week to San Bernardino County Sheriff's Department Deputies Negron and Gonzalez. Sheriff Deputies Negron and Gonzalez thanked the City Council for the
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recognition and spoke about the presence of the School Resource Officers at school activities during Red Ribbon Week.
CITY TILE - VIRGINIA ERIVES [7:05:43]
Mayor Marquez presented a City Tile on behalf of the City and Certificates of Recognition on behalf of Supervisor Hagman, Assembly Member Chen, Congresswoman Kim, and Senator Newman to Virginia Erives for her years of service as a Payroll Technician from January 15, 1990, to November 4, 2022. Mrs. Erives thanked the Council for the recognition and spoke about her gratitude for the City, her colleagues, and the community throughout her 33 year career.
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION [7:13:35] There were no reportable actions taken in Closed Session.
PUBLIC COMMENTS [7:13:43]
Jason Boldt, resident, stated that there is excessive speed on Pipeline Avenue and that it has become a drag racing area. He asked Council for a speed survey.
Julia Cabrera, Chino Valley Chamber of Commerce, spoke about two successful events, the Business Expo at The Shoppes at Chino Hills and the Student Business Workshop. She announced upcoming Chamber events: Leadership Collaborative pilot program being held on November 1 st, Chino Hills Kids Entrepreneur Fair, and the Chino Valley Pitch Competition on Saturday, November 5th.
Mayor Marquez invited students in the audience to the podium and asked them tc introduce themselves. An Ayala High School student stated that they were in attendance for their government class and asked how students could get more involved in local government.
CONFLICT OF INTEREST ANNOUNCEMENTS
There was no conflict of interest announcements to record.
CITY DEPARTMENT BUSINESS
CONSENT CALENDAR [7:21:01]
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 Johsz and seconded by Council Member Rogers to approve the following Consent Calendar items:
MINUTES
The City Council approved the October 11, 2022, City Council Regular Meeting Minutes, as presented.
PAYMENT REGISTER
The City Council ratified payments over $25,000 totaling $6,579,573.36 for month ended September 30, 2022, as presented.
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MONTHLY FINANCIAL REPORT
The City Council received and filed the monthly Financial Report for the month ended June 30, 2022, as presented.
INVESTMENT REPORT
The City Council received and filed the Investment Report for the month ended September 30, 2022, as presented.
AGREEMENT AMENDMENT - WIRELESS FACILITY (CHINO HILLS PARKWAY I
GRAND AVENUE)
The City Council authorized the execution of Amendment No. 1 to Agreement A2021-155 with Southern California Edison Company and Los Angeles SMSA Limited Partnership, dba Verizon Wireless to install two distinct fiber optic lines through city - owned open space to serve the existing Verizon Wireless facility consistent with the approv6is granted by the Wireless Zoning Clearance Permit (WZC) No. 20WZC11 for the existing cell facility located north of Chino Hills Parkway and west of Grand Avenue (also known as the Peyton location).
AGREEMENT AMENDMENT - WIRELESS FACILITY (CHINO HILLS PARKWAY I
HAWK ROAD)
The City Council authorized the execution of Amendment No. 1 to Agreement No. A2021-064 with Southern California Edison Company (SCE) and Los Angeles SMSA Limited Partnership dba Verizon Wireless to correct an erroneous reference in Recital F of the agreement, which should have referred to Standard Agreement No. 157 and not Standard Agreement No. 141 for Verizon Wireless facility located on SCE Tower at Veterans Park located at Chino Hills Parkway and Hawk Road (also known as the Frost location).
AGREEMENT AMENDMENT - WEBSITE MONITORING AND AUTHORIZATION
TOOLS FOR ADA ACCESSIBILITY COMPLIANCE
The City Council ratified the City Manager's execution of Amendment No. 1 to Agreement A2021-134 with CivicPlus, LLC to add on the AudioEye Managed Platform Subscription for Web Accessibility Compliance in an annual amount of $5,000, subject to an annual five percent increase for maintaining American Disability Act (ADA) accessibility for the City website.
PROVISIONAL FULL-TIME FACILITY MAINTENANCE WORKER I RESOLUTION
ADOPTED -
The City Council (1) authorized the hiring of a Provisional Full -Time Maintenance Worker I for the Public Works Facility Maintenance Division for the remainder of Fiscal Year 2022-23; and (2) adopted Resolution No. 2022R-089 of the City of Chino Hills, Adopting a Budget Amendment for Fiscal Year 2022-23 Increasing the General Fund Budget by $47,000 for a Provisional Full -Time Maintenance Worker 1 to perform a variety of facility maintenance duties within the division.
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2022 CALIFORNIA CONSTRUCTION CODES - ORDINANCE INTRODUCTION The City Council (1) introduced an Ordinance entitled: "An Ordinance of the City of Chino Hills Repealing Chapter 15.04 of Title 15 of the City of Chino Hills Municipal Code and Establishing a New Chapter 15.04 of Title 15 Adopting by Reference and Amending the 2022 Editions of the California Building Code Volumes 1 and 2; 2022 California Plumbing Code; 2022 California Mechanical Code; 2022 California Electrical Code; 2022 California Residential Code; 2022 California Energy Code; and 2022 California Green Building Standards Code with Appendices and Amendments Thereto; and (2) set a public hearing to consider adoption of the ordinance for November 22, 2022. .
FOURTH QUARTER BUDGET REVIEW
The City Council ratified the budget amendments approved by the City Manager in the fourth quarter of Fiscal Year 2021-22 totaling $210,174.
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
NOVEMBER 8, 2022, CITY COUNCIL MEETING DISCUSSION [7:21:27] City Clerk Balz briefed the Council on the report, which is on file in the City Clerk's Office. Mayor Marquez inquired if cancelling the meeting would have any impacts on City business. City Manager Montgomery said no, staff sets items on the agenda in advance and said there are no pressing matters that need to be discussed at that time, and if any should arise, a special meeting could be conducted.
Following discussion, a motion was made by Council Member Bennett and seconded by Vice Mayor Rogers to cancel the November 8, 2022, meeting in its entirety due to the General Municipal Election occurring on November 8th this year.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ
MORAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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ADMINSITRATIVE POLICIES AND PROCEDURES MANUAL - NEW POLICY - COMMUNITY ORGANIZATION GRANT FUNDING [7:23:24]
City Manager Montgomery briefed the Council on the report, which is on file in the City Clerk's Office. He said there is a provision in the current solid waste contract for $40,000 toward Community Organization Funding Support and that Council allocated a portion of the monies ($15,000) to the Chino Hills Community Foundation and identified the remaining portion of the monies to be disseminated amongst the Council, ($5,000 each) who will have the direct oversight of distribution of those funds. City Manager Montgomery said that staff is presenting a structure and policy of how funds could be distribq�ed in order to carry out Council's wishes ,and so there is no misuse of public funds.
Following discussion, a motion was made by Mayor Marquez and seconded by Council Member Johsz to adopt a new policy into the Administrative Policies and Procedures Manual - Section 1.11 - Community Organization Grant Funding Policy.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ
MORAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
EMERGENCY REPAIRS - WELL 15 - UPDATE NO. 10 [7:30:16]
Public Works Director Bobadilla briefed the Council on the report, which is on file in the City Clerk's Office. He said that the well was approved by the State Water Resources Control Board and that the City is now pumping their own water into the system.
Following discussion, a motion was made by Council Member Johsz and seconded by Vice Mayor Rogers to (1) review and file update No. 10 to the emergency repairs at Well 15 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 majority vote that there is no further need to continue the emergency actions for the repairs at Well 15, and it is appropriate to terminate the emergency status, pursuant to Public Construction Code 22050.
Motion carried by electronic vote as follows:
AYES: COUNCIL MEMBERS: MARQUEZ, ROGERS, BENNETT, JOHSZ
MORAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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PLANNING COMMISSION MATTERS
CONDITIONAL USE PERMIT NO. 19CUP01 - FIRST AMENDMENT - INFUZION ZONE FAMILY ENTERTAINMENT CENTER - 4200 CHINO HILLS PARKWAY [7:31:10]
The Planning Commission adopted a Resolution approving Conditional Use Permit No. 19CUP01, First Amendment - Infusion Zone Family Entertainment Center at Chino Hills Marketplace - Deanna Margaritha, Applicant; to allow for operation of a Family Entertainment Center at 4200 Chino Hills Parkway, Suite 400, and allow alcoholic beverages to be served by licensed caterers and consumed on the premises during private events held in the existing Family Entertainment Center and determining the project is exempt from review under California Environmental Quality Act, subject to the Conditions of Approval.
Jim Gallagher, resident, thanked Council for recognizing the efforts of Mrs. Margaritha keeping her business alive during the pandemic, and for expanding her business model in the Chino Hills community.
Mayor Marquez thanked Mrs. Margaritha for meeting with Council to discuss her business concerns.
There was no action taken on the foregoing Planning Commission item.
PUBLIC INFORMATION OFFICER REPORT [7:34:19]
Public Information Officer (PIO) Freeman announced the following information:
• COVID-19 VACCINE & TESTING
o Free County vaccine events on Tuesdays, November 15th and 29th at the McCoy Equestrian & Recreation Center from 9:30 a.m. to 3:30 p.m. o Free County COVID-19 testing on Wednesdays, November 16th and 30th at the McCoy Equestrian & Recreation Center from 9:30 a.m. to 3:30 p.m.
o Appointments can be made online at www.sbcovid19.com
• ELECTION
o General Election is Tuesday, November 8th
o Voters can drop off vote -by -mail ballots in the official ballot drop-off box located in front of the James S. Thalman Chino Hills Library or deposit them in a secure box in the City Clerk's Office during normal business hours
• RECREATION NEWS
• Trick -or -Treat - Monday, October 31 st from 3:00 p.m. to 5:00 p.m. at The Shoppes
• Adopt -A -Family - Applications due by Monday, November 14th o The program anonymously matches families in need with donors who are residents, families, and community groups
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looking to help Chino Hills families have a happier holiday season
o Learn more on the City's website
• Community Park
o The City is beginning an extensive $8 million rehabilitation project to reinvest in the future of Community Park
o The long-term improvement plan will include three phases of work over the next two years to improve turf conditions on all ball fields, enhance the overall appearance of the park, and create additional parking within the facility
o First phase begins Npvember 7th and is projected to be completed by February 3rd
o Fields 1-4 and the main park area will be unavailable for community use; fields 5-6 available for allocated use through .mid -December
o Full park closure mid -December through remainder of Phase 1 February 3rd
o Signs will be installed at Community Park and updates are being shared through the website at
www.chinohills.orq \communitypark
Council Member Johsz asked staff if the youth sports leagues have been updated on the park rehabilitation schedule. Senior Community Services Supervisor Armit said the youth leagues have been a part of the entire process and have been informed of the rehabilitation project schedule.
SAFETY UPDATES - Police and Fire [7:36:54]
Police: Police Chief Goodell stated that on Thursday, October 20th, Deputies responded to a residential burglary call near 14000 Paddington Circle. Shortly after, Deputies conducted a traffic stop in the area of a vehicle matching the description of the burglar and recovered jewelry and currency. The suspects were positively identified, arrested, and booked into West Valley Detention Center. On October 24th, Deputies conducted a traffic stop at Brookwood Lane and Butterfield Ranch Road where Deputies found the driver in possession of a ghost gun. The driver was arrested and transported to jail. Lastly, Police Chief Goodell said there are traffic issues surrounding City Hall as parents are parking in the fire lane while dropping off or picking up their children from school. The Sheriff's Department has issued 93 fire lane violations in the last two months at City Hall.
Fire: Deputy Fire Chief Ault thanked members of the community for attending the Chino Valley Fire District's Open House on Saturday, October 15th, and said that more than 2,000 members of the community participated. Deputy Fire Chief Ault stated that the Hazardous Materials Response Team was recently recognized by the California Office of Emergency Services as a Type 2 Incident Management Team as they obtained a level of training and equipment to be recognized as a State Resource for Mutual Aid.
He said that Station 68 is actively moving forward and that they are currently working on elevations with the architect. Deputy Fire Chief Ault stated he will be participating in
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the Chino Valley Leadership Collaborative program on November 1st. Lastly, he introduced Fire Board Member Evinger-Ramos who was in the audience.
COUNCIL REPORTS [7:40:16]
Mayor Marquez
• SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
o GENERAL POLICY COMMITTEE
Mayor Marquez attended the San Bernardino County Transportation Authority General Policy Committee meeting and said that the Committee approved a contract with CityCom Real Estate Services Incorporated for property management services at the depot and a master agreement for state funded projects with the California Department of Transportation. o METRO VALLEY STUDY SESSION
Mayor Marquez attended the San Bernardino County Transportation Authority Metro Valley Study Session meeting and reviewed Measure Valley Interchange Programs bonding options.
Vice Mayor Rogers
• TRES HERMANOS CONSERVATION JOINT POWERS AUTHORITY BOARD Vice Mayor Rogers attended the Tres Hermanos Conservation Joint Powers Authority Board meeting and said that the Board raised the rent of the only home on the property by ten percent and accepted an $80,000 grant for weed and vegetation abatement. He thanked Senator Newman for his efforts and assistance with the grant.
Council Member Bennett
• CHINO VALLEY INDEPENDENT FIRE DISTRICT BOARD
Council Member Bennett attended the Chino Valley Independent Fire District Board meeting and said several employees received service awards, Chaplain Ruben Estrada for his retirement, and Fire Chief Williams for his completion of the U.S. Fire Administration National Fire Academy Executive Fire Officer Program. Council Member Bennett also said there was a formal introduction of the new Human Resources Director Anthony Arroyo.
Council Member Johsz
WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD
Council Member Johsz attended the West Valley Mosquito and Vector Control Board meeting and said in the last week there have been two reports of West Nile I cases at the intersections of Yorba Avenue and Fairway Boulevard and Bayberry Drive and Peyton Drive. He reminded the community to use bug spray.
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2022-231
OCTOBER 25, 2022
OMNITRANS
o PLANS AND PROGRAMS COMMITTEE
Council Member Moran attended the Omnitrans Plans and Programs Committee meeting and said that staff gave presentations on the First Quarter Outreach Update for Fiscal Year 2023, and reviewed a customer satisfaction survey.
O SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS
o RESILIENCE AND CONSERVATION SUBCOMMITTEE
Council Member Moran attended the Southern California of Governments Resilience and Conservation Subcommittee meeting and said several presentations were provided from environmental groups.
COUNCIL COMMENTS [7:44:11]
Moran: Council Member Moran praised the Ayala High School students who attended the Council meeting and stated that there are a lot of different ways they can get involved in government by volunteering locally or interning at the County, State, and Federal levels. She encouraged the students to reach out to her for more information.
Council Member Moran wished everyone a happy Diwali. She complimented the Chino Valley Chamber for their Business Expo and said she is happy The Shoppes at Chino Hills is being utilized for events. Council Member Moran, along with City Manager Montgomery, Police Chief Goodell, and a staff member from Code Enforcement, attended the "Its Needed" conference that was hosted by Chino Police Officer Ryan Tillman. She stated that the conference was about strengthening Police and community partnerships.
Bennett: Council Member Bennett spoke about the Chino Valley Chamber of Commerce Business Expo and said that it was a wonderful and well attended event.
He spoke about the upcoming General Election and encouraged everyone to vote.
Council Member Bennett inquired about the upcoming Veteran's Day ceremony. Senior Community Services Supervisor Armit stated that the Salute to Service event will be held on Friday, November 11th, and will begin at 8:00 a.m. at the Military monument at the Chino Hills Community Center. She said following the ceremony, there will be a breakfast which is currently sold out. Council Member Bennett said that they are currently working on finalizing the improvements to the military monument and that it is an honor to serve.
Johsz: Council Member Johsz thanked City staff and the Los Serranos residents for the community cleanup event this past Saturday, October 22nd. During this event, he said that he noticed that Pomona Rincon Road is in need of traffic calming measures.
Council Member Johsz attended the St. Paul Apostle Harvest Festival and said it was a great event. Lastly, he wished everyone a happy Diwali and a safe Halloween.
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Rogers: Vice Mayor Rogers announced that Supervisor Hagman is having a Veteran Claim event on November 9th from 10:00 a.m. to 2:00 p.m. at the District office on the east side of City Hall, 14010 City Center Drive. He commended the Chino Valley Chamber of Commerce for a great Business Expo and said it has been a successful event for the past few years. Vice Mayor Rogers said he attended the St. Paul the Apostle Harvest Festival as one of the guest speakers and said it was a well -attended event. He spoke about the Chino Hills Community Foundation Wine Walk event and said they raised roughly $124,000 that will all go back into the community. He thanked staff for all their hard work and the community for participating in the wine walk event.
Marquez: Mayor Marquez stated that he was not in attendance for the Chino Valley Chamber of Commerce Business Expo and St. Paul the Apostle Harvest Festival this past week because he was out of town visiting family in Texas. He said that he attended the Tri-County Realtors Association event last Wednesday and gave an update on the City of Chino Hills, and received many positive comments about the City. Mayor Marquez asked Public Works Director Bobadilla about the sign that is at the top of the "S" turns in Carbon Canyon. Public Works Director Bobadilla said the sign is a speed feedback sign that was installed by CalTrans who owns and maintains Carbon Canyon Road. The sign alerts motorists of their speed. Public Works Director Bobadilla also said that the effort to limit truck traffic in Carbon Canyon will be presented to Council sometime in November for discussion.
ADJOURN IN MEMORIAM AND IN HOPE
Mayor Marquez adjourned the meeting at 7:58 p.m. in memory of Addison Conely- Snitily who passed away on October 12, 2022, at the age of 18.
Respectfully submitted,
APPROVED: November 22, 2022